High CourtsDivision Bench(2021) 06 GUJ CK 0061

Nazneen Fujel Ahmed Payawala vs Fujel Ahmed Firoz Ahmed Payawala

Gujarat High Court · Decided on 9 June 2021

HON’BLE JUDGES
A.J.Desai, J · Dr. A. P. Thaker, J
RESULT
Disposed Of
CASE NUMBER
R/Misc. Civil Application No. 61 Of 2021 In R/Criminal Revision Application No. 623 Of 2020

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Judgment

19 paragraphs · 382 words

A.J.Desai, J

1.

By way of present application preferred under Section 12 of the Contempt of Courts Act, 1971, the applicant-wife has prayed to punish the

respondent for willful contempt of order dated 27. 11.2020 passed in Criminal Revision Application No.623 of 2020 by which the coordinate Bench

has stayed execution of an order of the Family Court, Ahmedabad, directing the respondent-husband to pay maintenance at Rs.5,000/- per month, and

while admitting the matter, this Court has directed the respondent-husband to pay maintenance of Rs.4,000/- per month instead of Rs.5,000/-.

2.

Mr.Gundecha, learned advocate for the petitioner-wife would submit that the respondent-husband has not fully complied with the order passed by

this Court. He would submit that he has already filed his appearance for the wife in Criminal Revision Application No.623 of 2020 filed by the husband

and would request the coordinate Bench for taking up the matter and to vacate the interim order in view of non-compliance by the husband. He would

submit that the husband has deposited certain amounts before this Court as well as before the trial Court and she may be permitted to withdraw said

amounts.

3.

On the other hand, Mr. Junaid Y. Shaikh, learned advocate appearing for the respondent - husband would submit that the respondent - husband has

deposited certain amounts before this Court as well as before the learned Trial Court. He would further submit that on 4.6.2021, the respondent -

husband has deposited an amount of Rs.18,500/- before the learned Trial Court. If it is so, the learned Trial Court shall transfer the said amount by

way of RTGS/NEFT in the account of the applicant - wife.

4.

Having heard learned advocates appearing for the respective parties and having considered the fact that Criminal Revision Application No.623 of

2020 is pending before this Court, we are of the opinion that the present application can be disposed of by granting liberty to the applicant to request

the coordinate Bench of this Court for passing appropriate orders in the pending Criminal Revision Application No.623 of 2020. Accordingly, the

present application stands disposed of with the above liberty granted to the applicant for requesting the coordinate Bench of this Court for passing

appropriate orders in the pending Criminal Revision Application No.623 of 2020. Notice is discharged.