The Judge dismissed a contempt petition alleging violation of an interim access order regarding a minor son. The court refused to proceed as the parties had settled the matter and consent terms modifying the original order were placed on record.
The contempt petition was dismissed and not entertained by the Court.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
501-CP-442-2023.doc
Harish
IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION
CONTEMPT PETITION NO.442 OF 2023
Darshan Rohitkumar Kpadia ...Petitioner Versus Nikita Bhavin Bharwada ...Respondent
Mr. Ranjit Agashe a/w Mr. Harsh Parte i/b Adv. Vinsha Acharya for the Petitioner.
Mr. Amol Gatne for the Respondent.
CORAM : SHARMILA U. DESHMUKH, J. DATE : NOVEMBER 8, 2023
P. C. :
record indicates that a mediator had been appointed in the matter to explore the possibility of amicable settlement.
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501-CP-442-2023.doc
been settled between the parties and certain terms have been arrived at which results in modifying the order of 5th March, 2022.
to entertain the contempt petition alleging contempt of order dated 5th March 2022.
(SHARMILA U. DESHMUKH, J. )
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2 issues framed by the court
Whether the court should entertain a contempt petition where the parties have settled the disputed issue and modified the impugned order.
Whether the distress caused by the alleged contempt persists given the settlement between the parties.
DARSHAN ROHITKUMAR KPADIA
NIKITA BHAVIN BHARWADA
SHARMILA U. DESHMUKH
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
