Extracted from the PDF above. The PDF is authoritative.
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2025:CGHC:7937
NAFR HIGH COURT OF CHHATTISGARH, BILASPUR CONT No. 165 of 2025 Smt. Sakshi Dixit W/o Priyanshu Dixit Aged About 25 Years Cast Brahman R/o Ward No. 40 Main Road Dixit Colony Narharpur District - North Bastar Kanker (C.G.).
... Petitioner versus Priyanshu Dixit S/o Prafull Chand Dixit Aged About 29 Years Cast Brahman R/o L.I.G. - 31 Indrawati Colony Raipur District Raipur (C.G.).
... Respondent ----------------------------------------------------------------------------------------------
For Petitioner : Mr. Bhupendra Singh, Advocate
For Respondent : None --------------------------------------------------------------------------------------------- Hon'ble Shri Arvind Kumar Verma, Judge
Order on Board 14.02.2025
1. The present contempt petition has been filed by the petitioner alleging non-compliance of order of this Court dated 16.10.2023 passed in FAMAT no. 277 of 2023. Vide order dated 16.10.2023, this Court has passed the following
order/direction:-
“issue notice to the respondent on payment of PF through ordinary as well as registered post.. Call for records of the court below and the matter be posted thereafter. Meanwhile, the parties shall be governed by the statutory provisions of Section 15 of the Hindu Marriage Act.”
2.
Learned counsel for the petitioner contended that the respondent has disobeyed the order dated 16.10.2023 . He contended that if any decree of
2 divorce has been passed and an appeal has been filed and provision of section 15 of Hindu Marriage Act has been applied and the appeal which has been filed is pending, then either parties cannot remarry till the pendency of the said appeal. The respondent who is the husband of the petitioner got re-married on 18.01.2025 and has violated the provisions of Section 15 of Hindu Marriage Act and disobeyed the order of this court. Hence he pleads to allow the instant contempt petition and initiate the proceedings of committing contempt of court against the contemnors and they be punished strictly for full term under the provisions of the contempt of court act.
3. I have heard learned counsel for the petitioner and perused the impugned
order placed on record with utmost circumspection.
4. On bare perusal of the documents produced by the counsel for the respondent and the submission made by him , it transpires that court has specifically directed both the parties to govern the statutory provisions of Section 15 of the Hindu Marriage Act but it is pertinent to mention here that no stay order has been passed by this court. Moreover Section 28A of the Hindu Marriage Act specifically provides the Enforcement of decrees and orders.-
“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 ex- ercise of its original civil jurisdiction for the time being are enforced.”
5. In view of the above, the instant contempt case stands disposed of with a direction to file appropriate execution application before the concerned Civil Court.
6. Subsequently, this contempt petition is closed with the aforesaid direction. sd/- alfiza (Arvind Kumar Verma) Judge