SONAL AASHISH MADHAPARIYA Vs. AASHISH HARJIBHAI MADHAPARIYA

JUDGEMENT

(1.) By way of this Misc. Civil Application under the provisions of Contempt of Courts Act and also under Article 215 of the Constitution of India, the petitioner has prayed for the following reliefs:

(2.) The background of facts which has given rise to the present contempt petition is that the petitioner - original appellant had filed substantive First Appeal No. 184 of 2021 in which the petitioner has moved Civil Application No. 1 of 2021 for stay of the proceedings in Family Suit No. BV20D02693 filed by the respondent herein in Family Court at Willesden, United Kingdom. In the First Appeal, the Division Bench of this Court was pleased to stay the further proceedings of the aforementioned proceedings of the Court at United Kingdom vide order dtd. 27/1/2021 which order came to be extended from time to time and according to the petitioner ultimately the said Civil Application No. 1 of 2021 came to be allowed by confirming ad-interim relief till final disposal of First Appeal.

(3.) It is further the case of the petitioner that order of stay dtd. 27/1/2021 was passed in presence of representative i.e. lawyer of respondent but even direction was given to the Registry to provide a copy of said order to the learned advocate which was done on same day itself, i.e. on 27/1/2021 at about 12:45 PM which was communicated through an E-mail to the learned advocate Mr. Kirtidev R. Dave who represented the respondent. However, during subsequent hearings, it was informed to the learned advocate appearing for the petitioner that the learned Solicitor indicated that respondent would be challenging the order before the Hon'ble Supreme Court of India and surprisingly, it was noticed in one affidavit filed by the respondent that his Solicitor (Mr. Ashwin Patel) had replied inter alia informing the respondent that there was no need on their part to intimate the Family Court at Willesden, United Kingdom and also that unless an application with an advance copy to him is moved, by the petitioner, the Family Court at Willesden, United Kingdom will not be staying the proceedings and the decree would be passed. From the communications, according to the petitioner it is not clear as to what reply is received by the respondent from his learned Solicitor and though the E-mail sent to the learned Family Court at Willesden, United Kingdom by the learned advocate appearing for the petitioner on 27/1/2021 itself, but the Family Court at Willesden passed a preliminary decree. According to the petitioner it was further noticed that respondent had challenged ad-interim order dtd. 27/1/2021 passed in Civil Application No. 1 of 2021 in First Appeal No. 27985 of 2020 converted to First Appeal No. 184 of 2021 by way of filing Special Leave Petition No. 2515-2516 of 2021 in which the Hon'ble Supreme Court was pleased to dismiss the Special Leave Petition on 15/2/2021 and accordingly, the Hon'ble Supreme Court has not interfered with the order which has been passed by co- ordinate Bench on 27/1/2021. Even later on, said Civil Application No. 1 of 2021 was allowed vide order dtd. 20/4/2021 in which ad-interim stay granted initially on 27/1/2021 was confirmed till final disposal of First Appeal No. 184 of 2021, but it appears that by that time, the Family Court at United Kingdom was pleased to pass a preliminary decree as stated above on 28/1/2021 pending the said proceedings here in the Court.