Seema Gyanchandani vs Rahul Gyanchandani
2023 Latest Caselaw 19860 P&H

                                                       Neutral Citation No:=2023:PHHC:145996




COCP No.2912 of 2023 (O&M)                                               1
                                              Citation No.2023:PHHC:145996

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            IN THE HIGH COURT OF PUNJAB AND HARYANA
                         AT CHANDIGARH

                                  COCP No.2912 of 2023 (O&M)
                                  Date of Decision: 16.11.2023

Seema Gyanchandani                           ......Petitioner

       Vs

Rahul Gyanchandani                           ....Respondent

             (Through Video Conferencing)

CORAM: HON'BLE MR. JUSTICE SANJEEV PRAKASH SHARMA

Present: Mr. Adab Singh Kapoor, Advocate and
         Mr. G.S. Sullar, Advocate
         for the petitioner.

             Mr. Rakesh Kumar, Advocate
             Ms. Shubreet Kaur Saron, Advocate and
             Mr. Samay Sandhawalia, Advocate
             for the respondent.
               ****

SANJEEV PRAKASH SHARMA, J. (Oral)

[1]. This Contempt Petition has been filed by the wife for

implementation of the order dated 11.07.2023 passed by the Judicial

Magistrate Ist Class, Gurugram, whereby an application for interim

maintenance was decided, awarding a sum of Rs.18 lakhs per month to the

wife. The Contempt Petition has been filed alleging non-compliance of the

said order.

[2]. It is stated that the respondent had given an undertaking to pay a

sum of Rs.15 lakhs per month as interim maintenance and the trial Court

vide order dated 11.07.2023 had granted the interim maintenance

amounting to Rs.18 lakhs per month, therefore, arrears of amount of

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Rs.2,40,50,000/- has accumulated.

[3]. This Court had issued notice of motion by summoning the

respondent through bailable warrants. Thereafter, it appears that the reply

had been filed and objection has been raised by learned counsel for the

respondent regarding maintainability of this Contempt Petition.

[4]. It is submitted that the Contempt Petition would not lie directly in

this Court with regard to the implementation of order of the Magistrate

granting interim maintenance. More so as the petitioner has already moved

an execution application before the concerned Court. It is also submitted

that the appeal against the order of interim maintenance has been filed by

both the parties and the same dispute is to come up before the Appellate

Court.

[5]. Learned counsel for the respondent has asserted that since

Feburary, 2023 the respondent-husband has been paying a sum of Rs.15

lakhs per month to the wife and the son. The respondent has also paid the

rent, maintenance amount and other expenses from October, 2022 to

January, 2023. The rent amount of Rs.5,50,000/- and other maintenance

amount as mentioned in the reply are also being paid.

[6]. I have considered the submissions made by learned counsel for

the parties.

[7]. This Court finds that the provisions of the Contempt of Courts

Act, 1971 are being misused by litigants, who file petitions for contempt of

Courts directly to this Court with regard to implementation of orders passed

by the Judicial Magistrates which are executable in term of the Order 21

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CPC as decrees of the Court or other were under the voluntary rounds. The

judgment cited by learned counsel for the petitioner also notes that such

orders passed of relating to maintenance are akin to the decrees of the Court

and can be taken up for execution in terms of provisions of the CPC. The

contempt proceedings are special proceedings which can be taken up by the

High Court where contempt is alleged of violation of this Court's order

which is a Court of record or if the concerned subordinate Court gives a

finding that its orders are being flouted and refers the matter under Section

10 of the Contempt of Courts Act to the High Court for punishing the

contemners for having violated the orders.

[8]. Therefore, where an order passed by the trial Courts or by the

Civil Courts is alleged to have been violated, contempt petition directly to

this Court would not be maintainable. The Court of first instance, therefore,

has to first reach to a satisfaction that its orders are being deliberately and

wilfully flouted, for which provisions are always available under the

concerned statute to approach the concerned Court itself. Filing of direct

contempt petitions to this Court would serve no purpose as it is not possible

for this Court to examine the facts of each case and the manner in which the

concerned trial Court has passed an order and whether the exact amount is

due or not as against the concerned respondent. Thus, this Court is satisfied,

that this contempt petition is not maintainable. In the present case, that the

respondent has abided by its undertaking and has been paying an amount of

Rs.15 lakhs, however, since the concerned Judicial Magistrate has passed

an order enhancing the maintenance amount to Rs.18 lakhs per month, the

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execution proceedings can be examined by the concerned Judicial

Magistrate for the said purpose. This contempt petition would not lie before

this Court and the remedy lies elsewhere.

[9]. In view of the aforesaid, this Contempt Petition stands dismissed.

Notice stands discharged. However, dismissal of this contempt petition will

not take away the right of petitioner to get the order implemented from

competent Court.

[10]. All pending applications filed in this Contempt Petition shall

stand disposed of.

                                         (SANJEEV PRAKASH SHARMA)
November 16, 2023                                JUDGE
Atik
          Whether speaking/reasoned Yes/No
          Whether reportable        Yes/No




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