J.R.VORA, SHARAD D.DAVE
LOPABEN PATEL – Appellant
Versus
HITENDRA RAMBHAI PATEL – Respondent
( 1 ) THIS is a Motion of Contempt under the Contempt of Courts act, 1971. The contempt alleged is a Civil Contempt as defined under Sec. 2 (b) of the Contempt of Courts Act.
( 2 ) ). The definition of Civil Contempt under Sec. 2 (b) run thus :" (B) Civil Contempt" means wilful disobedience to any judgment, decree. direction, order, writ or other process of a Court or wilful breach of an undertaking given to a Court. "
( 3 ) ). The petitioner happens to be the wife Smt. Lopaben Patel while the respondent happens to be the husband Shri Hitendra Patel. The case of the petitioner- wife is that. there has been wilful disobedience of the orders passed by this Court in Appeal from Order No. 396 of 1997 dated September 11, 1997 (Coram : Honble mr. Justice M. S. Shah) available at Annexure-A.
( 4 ) ). The facts are not in dispute. The petitioner happens to be the wife of the respondent-husband. The marriage came to be solemnised between them in November 1985. according to the Hindu rites to be governed under the Hindu Marriage Act. 1955. The sonography had revealed that the child in the embryo be a female child and therefore, as per the case of the petitioner-wife, she came to
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