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Bombay High Court
Mrs. Neha W/O Rajnesh Naidu (Joshi) And ... vs Rajnesh S/O Rajendrapal Naidu on 10 February, 2026
2026:BHC-NAG:2226
cp207.2019.odt
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH, NAGPUR.
CONTEMPT PETITION NO. 207 OF 2019
PETITIONERS :- 1) Mrs. Neha w/o Rajnesh Naidu (Joshi)
Aged about 35 years, Occu: Nil,
R/o 201, Prashant Sahniwas,
Plot No.1A, Prashant Nagar, Ajni,
Nagpur-440015.
2) Yunay s/o Rajnesh Naidu,
(through natural guardian mother the
petitioner No.1)
..VERSUS..
RESPONDENT :- Rajnesh s/o Rajendrapal Naidu,
Aged about 48 years, Occu: Business
8A, Karve Nagar, 'Marv Home' Behind
Bank of Maharashtra, Somalwada,
Wardha Road, Nagpur-440025.
Also R/o 301, Pritam Buxy Pride
Apartment adjacent to NVCC Temple
Road, Civil Lines, Nagpur-440001.
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Mr A.V. Pande, counsel holding for Mr S.V. Sirpurkar, counsel for petitioner.
Mr. Rajnesh s/o Rajendrpal Naidu, respondent in person.
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CORAM : PRAVIN S. PATIL, J.
DATE OF RESERVE : 30/01/2026
DATE OF DECISION : 10/02/2026
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JUDGMENT :
1. Heard. Rule. Rule made returnable forthwith. By consent of
Mr. A.V. Pande, learned counsel holding for Mr. S.V. Sirpurkar for
petitioner and Mr. Rajnesh s/o Rajendrpal Naidu, respondent in person,
the contempt petition is taken up for final hearing at the stage of
admission.
2. In the present contempt petition, this Court, by order dated
18/12/2025, observed that for same cause of action, two separate
contempt petitions had been filed by the petitioner, one before this Court
and another before the Hon'ble Supreme Court of India. It is noted that,
the Hon'ble Supreme Court of India, has dismissed the contempt petition
by order dated 10/12/2025. Thereafter, when this matter was listed, the
statement came to be made that petitioner do not want to proceed with
present contempt petition. In view of this, this Court directed the
petitioner to file an affidavit explaining as to why appropriate costs should
not be imposed for not disclosing the correct factual position before this
Court well within time and for abuse of process of Court in the present
matter.
3. In pursuance of the order of this Court, the petitioner filed an
affidavit dated 08/01/2026, thereby explaining the circumstances under
which the contempt petition was filed before the Hon'ble Supreme Court
of India and this Court.
4. It is pointed out by the petitioner that in Criminal Writ
Petition No. 875 of 2015, decided by this Court vide judgment dated
14/08/2018, the respondent was directed to pay the arrears of
maintenance in 24 equal monthly installments, and in case of any default,
the present petitioner shall be entitled to recover the entire dues. As the
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respondent failed to comply with the said directions, a contempt petition
came to be filed on 16/07/2019.
5. It is also pointed out that by that time, the petitioners were not
in receipt of any notice from the Hon'ble Supreme Court of India. As
such, contempt petition was listed before this Court on 26/07/2019, and
notices were issued in the matter.
6. It is further pointed out that respondent had challenged the
judgment delivered by this Court in Criminal Writ Petition No. 875 of
2015 before the Hon'ble Supreme Court of India by filing Special Leave
Petition (Cri.) No. 9503 of 2018, and same was listed before the Hon'ble
Supreme Court of India on 14/11/2018. Thereafter, the said matter was
registered as Criminal Appeal No.730 of 2020 and was disposed of vide
judgment dated 04/11/2020.
7. Though the Hon'ble Supreme Court of India confirmed the
order passed by this Court, the respondent was directed to deposit entire
arrears of amount at the rate of Rs. 15,000/- per month within a period of
twelve weeks from the date of the judgment.
8. After the judgment passed by the Hon'ble Supreme Court of
India, the respondent has preferred Misc. Application No. 158 of 2021
before the Hon'ble Supreme Court of India on 16/01/2021, seeking
extension of time to pay the arrears of maintenance as ordered vide
judgment dated 04/11/2020. The said application was decided by order
dated 19/02/2021, wherein it was made clear that in the event, the
respondent failed to comply with the directions, the present petitioner
will be at liberty to move the Hon'ble Supreme Court of India.
9. The respondent, failed to deposit the amount within the
prescribed period as directed by Hon'ble Supreme Court. Present
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petitioner therefore preferred Contempt Petition (Civil) No. 364 of 2021
before the Hon'ble Supreme Court of India. The said contempt petition
came to be disposed of vide judgment and order dated 10/12/2025.
10. As such, the petitioner, has elaborately explained under which
circumstances, the contempt petition was filed before this Court as well as
Hon'ble Supreme Court of India.
11. It is further pointed out that during this period when the
present contempt petition was listed before this Court on various dates,
due to an inadvertent mistake on the part of the petitioner the present
matter was not handed over with case papers to the newly engaged
counsel, in the year 2022. Therefore, relevant facts could not brought to
the notice of this Court on the earlier listing of the matter.
12. The present respondent has strongly objected the affidavit
filed by the petitioner and stated that, present contempt petition is filed
against the order of this Court dated 14/08/2018. However, this fact was
suppressed by them before the Hon'ble Supreme Court of India. So also,
it is the submission of respondent that there is a deliberate attempt on the
part of petitioner to keep the present proceedings pending for a long
period, and hence, according to him, there is an abuse of process of Court,
and therefore, costs may be imposed on the petitioners.
13. After hearing rival submissions of both the parties, I am
satisfied that the affidavit filed by the petitioner dated 18/01/2026, is
satisfactory. The petitioner has specifically explained the entire
circumstances under which the contempt petition was filed before
Hon'ble Supreme Court of India and the reasons as to why these facts
were not brought to the notice of the Court within time.
Hence, in my opinion, considering the peculiar facts and
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circumstances of the case, no cost can be imposed against petitioners in
the matter for keeping pending the petition. The respondent also point
out disposal of Contempt Petition by Hon'ble Supreme Court of India in
the month of December-2025.
In the circumstances, Contempt Petition stand disposed off.
The contempt notice issued to respondent is also dropped in the matter.
No order as to costs.
(PRAVIN S. PATIL, J)
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