Dismissed

Smt. Soni Dubey (as Per Aadhar Soni Pandey ) v. Aniruddh Kumar Dubey

Allahabad HC10 Sept 2024CAPL/3612/2024

Case brief

AI extract

What is this about?

This court dismissed a contempt application filed against an opposite party for allegedly violating a stay order. The court held that no contempt was made out as the protection in the order relied upon by the applicant was contingent on the opposite party's voluntary compliance with mediation.

What did the court decide?

Contempt application dismissed; applicant advised to move stay vacation application in the underlying petition.

Smt. Soni Dubey (as Per Aadhar Soni Pandey ) vs Aniruddh… — Domestic Violence | Allahabad HC (2024)

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Neutral Citation No. - 2024:AHC-LKO:62508

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Court No. - 17

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Case :- CONTEMPT APPLICATION (CIVIL) No. - 3612 of 2024

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Applicant :- Smt. Soni Dubey (As Per Aadhar Soni Pandey ) Opposite Party :- Aniruddh Kumar Dubey Counsel for Applicant :- Vijayendra Prakash Tripathi,Ravindra Kumar Mishra

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Hon'ble Rajeev Singh,J.

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Heard learned counsel for the applicant.

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The present contempt application is filed with the prayer to initiate the contempt proceeding against the opposite party and punish him for committing contempt of order dated 6.5.2024 passed in Application Under Section 482 Cr.P.C. No.4107 of 2024 (Aniruddh Kumar Dubey Vs. State of U.P. & Anr.) has been willfully defied by the respondents.

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Learned counsel for the applicant submits that marriage of the applicant was solemnized with the respondent but she was being victimized as well as ousted by the respondent. He further submits that thereafter applicant filed petition under Section 12 of D.V. Act before Civil Judge (S.D.), Court No.3, Faizabad, which was registered as complaint case no.444 of 2021, in which, order for interim maintenance was passed but same was not complied with, therefore, warrant was issued on 15.4.2024. He also submits that said arrest warrant was challenged before this Court in Application under Section 482 No.4107 of 2024, which was stayed by this Court and matter was sent to the mediation center. He further submits that respondent is not cooperating in the mediation and interim maintenance is also not being paid to the applicant despite direction of this Court in the aforesaid petition.

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Learned counsel for the applicant submits that learned court below wrongly interpreted the order of this Court dated 6.5.2024 passed in the aforesaid writ petition and observed that entire proceeding of the D.V. Act has been stayed but the correct order is that arrest warrant, by which the

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attendance of the applicant was procured, has been stayed by this Court, therefore, respondent is deliberately violating the directions of this Court, he may be summoned and punished accordingly.

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Considering the submissions of learned counsel for the parties and going through the contents of the contempt application as well as other relevant documents, it is evident from the record that Application under Section 482 No.4107 of 2024 was filed by the respondent with the prayer for quashing the arrest order dated 15.4.2024, in which, matter was sent to the mediation center. Admittedly, mediation is not going on and in case, order passed by this Court in aforesaid petition is not complied with, then protection given to the applicant will not be available. In such circumstances, no contempt is made out, accordingly, the contempt application is dismissed .

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However, it is open to the applicant to move stay vacation application as well as dismissal application in the aforesaid petition, i.e., Application under Section 482 No.4107 of 2024.

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Order Date :- 10.9.2024 Gaurav/-

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Digitally signed by :- GAURAV PAL High Court of Judicature at Allahabad, Lucknow Bench

Smt. Soni Dubey (as Per Aadhar Soni Pandey ) v. Aniruddh Kumar Dubey

Case brief

What is this about?

What did the court decide?

Smt. Soni Dubey (as Per Aadhar Soni Pandey ) v. Aniruddh Kumar Dubey

Case brief

What is this about?

What did the court decide?

What the court decided

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