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Bombay High CourtCP/164/2026dismissed

Ankita Ritesh Chaudhari v. Ritesh Machindra Chaudhari

2026-04-02Hon'Ble Shri Justice Y. G. Khobragade3 pages

2026:BHC-AUG:14275 ( 1 )

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 924 CONT. PETITION NO. 164 OF 2026 IN MCA/127/2024 ANKITA RITESH CHAUDHARI

VERSUS

RITESH MACHINDRA CHAUDHARI .....

Advocate for the Petitioner : Mr. Govind Rangrao Ingole .....

CORAM :

Y.G. KHOBRAGADE, J.

DATE :

02.04.2026 P.C.:- 1.

Heard advocate Mr. Ingole the learned counsel appearing for the petitioner at length.

2.

By the present contempt petition, the petitioner has put-forth prayer clause-B as under:

"B] The Contemnor viz. Present Respondent may kindly be punished for wilful breach, non-compliance and disobedience of the Order dated 23/01/2025 passed by this Hon'ble Court (CORAM: KISHOR C. SANT, J.) in Misc. Civil Application No.127 of 2024, for committing the contempt of order of the Hon'ble Court; and further the Respondent may kindly be directed to cause his appearance before the Ld. Family Court at Nanded in proceeding bearing Petition No.A81/2024 (Petition A-479/2024)."

( 2 ) 3.

Needless to say that, on 23.01.2025 the Co-ordinate Bench of this Court passed an order in MCA No.127/2024 and observed as under: "01.

During the course of proceeding, the parties were referred to mediation. The mediation is successful. Accordingly, terms of settlement have also been reduced into writing. This Court has gone through the minutes prepared by the Mediator. It is decided between the parties to dissolve the marriage on certain conditions, as stated in the settlement terms. The settlement is to take place before the Court at Nanded after transfer.

02.

In view of the above HMP No. A-479 of 2024 stands transferred from the Family Court at Pune to the Family Court at Nanded. After transfer of the proceeding, settlement be recorded within 15 days. 03.

The application is accordingly allowed and is disposed off." 4.

Therefore, it appears that the proceeding HMP No.A-479/2024 was transferred from the learned Family Court, Pune to the learned Family Court, Nanded and after transfer of the proceeding settlement between the parties was to be recorded within a period of 15 days therefrom. However, the grievance of the petitioner is that the respondent has not appeared before the learned Family Court, Nanded, therefore, there is willful disobedience of order dated 23.01.2025 at the hands of the respondent. However, the petitioner has not brought any substantial grounds on record to show that under dated 23.01.2025 the respondent has undertaken to appear before the learned Family Court, Nanded. Nonetheless, the petitioner prayed for

( 3 ) issuance of directions against the respondent to cause his appearance before the Family Court, Nanded, however, the petitioner has not brought any substantial material on record to show that under what provisions of law this Court can direct or compel the respondent to appear before the Family Court, Nanded.

5.

In view of above discussion, I do not find any substantial grounds to initiate action against the respondent under the Contempt of Courts Act. Hence, the contempt petition is dismissed.

[Y.G. KHOBRAGADE, J.] mubashir