Dismissed

Aseem Dinesh Sharma v. Rita Sharma

Bombay HC23 Apr 2024CP/238/2024

Case brief

AI extract

What is this about?

This order dismisses a contempt petition filed for alleged non-grant of access. The Judge finds that the respondent never refused access and was willing to comply with existing orders. Consequently, no breach is established, and the petition is dismissed without entertaining the matter for mediation due to disagreement on maintenance arrears.

What did the court decide?

The Contempt Petition is dismissed.

Aseem Dinesh Sharma Vs Rita Sharma — Child Custody and Guardianship | Bombay HC (2024)

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Digitally signed by VARSHA VARSHA VIJAY VIJAY RAJGURU RAJGURU Date: 2024.04.29 10:53:41 +0530

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8-cp-238-2024.doc

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varsha

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION

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CONTEMPT PETITION NO. 238 OF 2024

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Aseem Dinesh Sharma … Petitioner

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vs.

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Rita Sharma … Respondent

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Mr. Aseem Dinesh Sharma, Petitioner.-in-person.

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Ms. Saloni Ghule for SMG and Co., for Respondent.

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CORAM : GAURI GODSE, J.

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DATED : 23^rd APRIL 2024

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P.C. :-

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Pursuant to the order passed by this Court, the petitioner has been granted access. Learned counsel for the respondent submits that the respondent has never refused access and she will continue to grant access as per the order dated 21^st February 2024 passed below Exhibit-05 in Civil M.A. No. 939/2022, subject to any further orders passed in the petition that she proposes to file.

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I find it necessary to record that the parties had initially agreed to go for mediation and I had dictated order appointing a mediator. Learned counsel for respondent had requested that during

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the mediation process, the petitioner be directed to make payment

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Page no. 1 of 2

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8-cp-238-2024.doc

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of an arrears of maintenance which has not been paid since October 2023. She on instructions had also made a statement that the respondent is agreeable to grant access during the pendency of mediation. However, the petitioner in person is not ready to make any statement regarding payment of arrears of maintenance. Learned counsel for respondent submits that since, the parties intended to explore the possibility of settlement by going for mediation, the petition pending before the co-ordinate bench with regard to the order of maintenance was adjourned by consent. Since parties are not agreeable for any amicable interim arrangement and there is disagreement between the parties, no directions can be passed to refer the parties for mediation.

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Since the Respondent has never refused access, I do not find that there is any breach committed by the respondent of any of the orders. Hence, I am not inclined to entertain this Contempt Petition. Hence, Contempt Petition is dismissed.

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Parties are at liberty to make an appropriate application in the pending Writ Petition No.10127 of 2023 for further hearing.

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(GAURI GODSE, J.)

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Page no. 2 of 2

Aseem Dinesh Sharma v. Rita Sharma

Case brief

What is this about?

What did the court decide?

Aseem Dinesh Sharma v. Rita Sharma

Case brief

What is this about?

What did the court decide?

What the court decided

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