Salini Tripathi vs Anurag Tripathi
2022 Latest Caselaw 1729 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 

?Court No. - 18
 

 
Case :- CONTEMPT APPLICATION (CIVIL) No. - 1770 of 2021
 

 
Applicant :- Salini Tripathi
 
Opposite Party :- Anurag Tripathi
 
Counsel for Applicant :- Rakesh K. Tripathi
 
Counsel for Opposite Party :- Vineet Kumar Mishra
 

 
Hon'ble Alok Mathur,J.

1. Heard Sri Rakesh Kumar Tripathi, learned counsel for the applicant and Sri Satendra Nath Mishra holding brief of Sri Vineet Kumar Mishra for the opposite party.

2. It has been submitted by learned counsel for the applicant that the present contempt petition has been filed alleging disobedience of the order dated 18.3.2021 passed in Criminal Revision No.245 of 2021. By means of order dated 18.3.2021 this Court had directed Family Court Judge to consider sympathetically over the prayer of the applicant keeping into mind that the matter is between the parties to a matrimonial tie. They are still husband and wife, therefore, to avoid any further bitterness, if it is possible and acceptable, the application of the revisionist with regard to making installments of arrears to be paid in easy installments be disposed of within a period of 15 days.

3. It is further submitted that in pursuance of the said order the opposite party has made an application which was disposed of by the Family Court by means of order dated 20.3.3021 and an amount of Rs.8000 per month as agreed between the parties be paid as maintenance. It is stated by the applicant that the opposite party is not paying Rs.8000 as maintenance that is why the present contempt petition has been instituted.

4. The aforesaid contempt petition is resisted by the opposite party submitting that by means of the judgment and order dated 18.3.2021 this Court had directed the Judge family Court to sympathetically consider the application of the opposite party for granting benefit of payment of arrears in easy installments. It is clearly noticed that there is no order for payment of the amount of maintenance to the applicant. This is the basic fact alleged by the applicant for choosing to press the present contempt petition. Clearly by means of order dated 18.3.3021 this Court had only directed the Judge, Family Court to pass necessary and appropriate orders on the application of the opposite party in making payment of arrears of maintenance in easy installments which has already been done by means of order dated 20.3.2021. While passing the order dated 20.3.2021 the order of the writ Court has been complied and it cannot be said that the Family Court has committed contempt any of the orders of this Court. The present contempt petition is accordingly dismissed. Notices, if any, are discharged.

5. In case the applicant is aggrieved by the fact that payment of the maintenance has not been made by the opposite party it is open for her to institute execution proceedings or other remedies available to her. It seems that the execution proceedings are already underway. Dismissal of the present contempt petition shall not come in way of the family Court in executing their own order dated 20.3.2021 and the same shall be enforced and executed expeditiously.

Order Date :- 28.4.2022 (Alok Mathur, J.)

RKM.