Court No. - 10
Case :- CONTEMPT APPLICATION (CIVIL) No. - 4710 of 2019 Applicant :- Raj Kishor Opposite Party :- Shri. Schindra Patel, S.P.
Counsel for Applicant :- Hitesh Pachori Hon'ble Mahesh Chandra Tripathi,J. Heard learned counsel for the applicant.
The applicant is before this Court for a direction to initiate contempt proceeding against the opposite party for disobedience of the order dated 29.1.2019 passed in Writ-A No.1463 of 2019 filed by the applicant wherein learned Single Judge has proceeded to dispose of the writ petition with following observations:-
"This petition has been preferred seeking release of retiral benefits in respect of the petitioner who has retired from the service of the respondents on 30 June 2016.
The issue appears to have arisen consequent to a matrimonial discord between the petitioner and his legally wedded wife Smt. Sushila Devi. It is in that context and bearing in mind certain allegations which have been made by the wife of the petitioner that the respondents had called upon him to furnish an undertaking that he shall maintain and look after her. Learned counsel for the petitioner, on instructions, states that the petitioner undertakes to file the requisite undertaking before the respondents for the purposes of expedition of his claim for release of retiral benefits.
Learned Standing Counsel appearing for the third and fourth respondents states that subject to the petitioner filing an undertaking to maintain and look after his legally wedded wife, his claim for release of retiral benefits shall be attended to and disposed of in accordance with law and preferably within a period of two months from the date of presentation of a certified copy of this order.
Accordingly, this petition shall stand disposed of in light of the statement noted above."
Admittedly, in response of the aforesaid order the opposite party had issued notice to the applicant on 26.3.2019, which is appended as Annexure No.7 to the applicant, wherein it has been stated that the notices were sent to the applicant on 9.1.2017, 13.2.2017, 31.3.2017, 15.2.2018, 8.5.2018, 13.8.2018, 3.11.2018, 08.1.2019, 14.2.2019 and 16.3.2019 for completing the formalities alongwith legally wedded wife Smt. Sushila Devi so that the paper may be processed for according pension and other benefits. Nothing has been brought on record to indicate or suggest that at any point of time the applicant alongwith his wife had ever approached to the authority for releasing the benefits.
As indicated above, while disposing of the aforesaid writ petition, the Court had clearly proceeded to observe that there is a matrimonial dispute between the applicant and his legally wedded wife Smt. Sushila Devi. Serious allegation has also been levelled by the wife of the applicant that the applicant is living alongwith the second wife.
In such circumstances, the Court is not inclined to initiate any proceeding under Section 12 of the Contempt of Courts Act, 1971 against the opposite party.
The Application is totally misconceived and the same is accordingly dismissed.
However, it is always open to the applicant to respond to the authority in response of the aforesaid notice.
Order Date :- 30.7.2019 RKP