Contempt petition filed alleging violation of a decree for payment under Hindu Marriage Act. Court held section 28-A mandates enforcement via execution, not contempt. Petition dismissed as withdrawn upon counsel's prayer. No relief granted in this order.
Petition dismissed as withdrawn by petitioner.
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Kumar Vinod 2013.07.04 16:33 I attest to the accuracy and integrity of this document Chandigarh
IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
COCP No.1544 of 2013 Date of decision:04.07.2013
Sukhwinder Kaur
...Petitioner
Versus
Paramjit Singh
...Respondent
CORAM: Hon'ble Mr. Justice Rakesh Kumar Jain
Present: Mrs. G.K. Mann, Advocate, for the petitioner. *****
Rakesh Kumar Jain, J. (Oral)
This contempt petition has been filed in the context that an order passed by this Court under the Hindu Marriage Act, 1955 (hereinafter referred to as the “Act”), has been violated inasmuch as the respondent has not made the payment. Section 28-A of the Act, inserted vide Section 19 of the Act 68 of 1976 w.e.f. 27.05.1976, provides that “all decrees and orders made by the court in any proceeding under this Act shall be enforced in the like manner as the decrees and orders of the court made in exercise of its original civil jurisdiction for the time being are enforced”.
In view thereof, the petition for contempt is not maintainable. However, the petitioner has the remedy to file execution.
At this stage, counsel for the petitioner prays for withdrawal of the present petition in order to take up the remedy under the Act.
Dismissed as withdrawn accordingly.
July 04, 2013 (Rakesh Kumar Jain) vinod* Judge
1 issue framed by the court
Whether a contempt petition is maintainable for violation of a civil order under the Hindu Marriage Act directing payment.
2 provisions across 2 enactments
Sukhwinder Kaur
Paramjit Singh
Rakesh Kumar Jain
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
