Home > Judgement > Gujrat HC: Non payment of maintenance -> Breach of statement made by husband before the Court does not constitute contempt of the court

Gujrat HC: Non payment of maintenance -> Breach of statement made by husband before the Court does not constitute contempt of the court

Gujarat High Court
Minaxiben vs Unknown on 21 October, 2008
Author: R.M.Doshit,&Nbsp;Honourable Mr.Justice K.M.Thaker,&Nbsp;

Print

MCA/2701/2008 2/ 2 ORDER

IN

THE HIGH COURT OF GUJARAT AT AHMEDABAD

 

 

 

 

MISC.

CIVIL APPLICATION No. 2701 of 2008

In

 

SPECIAL

CIVIL APPLICATION No. 17411 of 2006

=========================================================

 

MINAXIBEN

PRATAPBHAI PARMAR W/O. MAFATLAL @ MAHESHBHAI – Applicant(s)

Versus

 

MAFATLAL

@ MAHESHBHAI PARSHOTTAMBHAI DESAI – Opponent(s)

========================================================= Appearance

:

MR

BHUNESH C RUPERA for Applicant

None for

Opponent

=========================================================

 

CORAM

:

 

HONOURABLE

MS. JUSTICE R.M.DOSHIT

 

and

 

HONOURABLE

MR.JUSTICE K.M.THAKER 21st October, 2008

 

ORAL

ORDER (Per

: HONOURABLE MS. JUSTICE R.M. DOSHIT)

 

 

The

applicant, estranged wife, has taken out this application under the Contempt of Courts Act.

 

It is the

complaint of the applicant that the opponent-husband has failed to carry out directions issued by this Court in above Special Civil Application No. 17411 of 2006.

Learned

advocate Mr. Rupera has appeared for the applicant. He has submitted that by Order dated 7th March, 2008 made by the learned Single Judge in above writ petition, the opponent was directed to clear arrears of maintenance by 30th April, 2008 and to file an undertaking to that effect in the Court by 14th March, 2008. The said directions have not been complied with by the opponent. Hence, the present Application.

We are

afraid, we are unable to read the order as suggested by Mr. Rupera. The above writ petition was filed by the opponent against the order for payment of maintenance made by the Court below. The said petition has been dismissed with cost by the learned Single Judge. While dismissing the petition, the learned Single Judge has recorded the statement made by the applicant thus, ..the petitioner assured this Court that arrears will be cleared latest by 30.4.2008 and undertaking to this effect shall be filed by the petitioner latest by 14.3.2008. It is evident that the aforesaid sentence was uttered by the opponent i.e., it was the statement made by the opponent before the Court and not a direction issued by the Court to the opponent. Breach of statement made before the Court does not constitute contempt of the court.

Application is misconceived. Hence, rejected.

 

 

{Miss R.M

Doshit, J.}

 

 

 

{K.M Thaker, J.}

 

Prakash*

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