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Judgment
Prasanna B. Varale, CJ
This complaint of contempt is founded on the alleged violation of the Judgment & decree of the Family Court entered in M.C.No.1000/2023, disposed off on 24.05.2023. Learned counsel for the Complainant argues that the non-compliance of such a decree or order amounts to offence of contempt punishable under Sections 11 & 12 of Contempt of Courts Act, 1971 and therefore, the Accused should be summoned & tried.
Having heard the learned counsel for the Complainant and having perused the Complaint papers, we decline indulgence in the matter inasmuch as, sufficient Sections have been made under the provisions of the statutes in question for enforcing the Judgment & Decree/ Order of the kind and therefore, Contempt jurisdiction cannot be invoked. In a considered decision in CCC No. 1140/2022 between MOHAMMED ABID HUSSAIN vs SYEDA BUSHRA FATHIMA & OTHERS, disposed off on 17.02.2023, we have already taken this view and there is no reason to deviate from the same.
In the above circumstances, this Contempt Petition is disposed off reserving liberty to the Complainant to have recourse for the redressal elsewhere in accordance with law. In that connection, all contentions are kept open.