Mumbai: The Bombay high court on Monday found a husband guilty of civil contempt and wilful disobedience of orders dating back to April 2019 and March 2022 to maintain his wife. He was sentenced to be detained in civil prison for a period of six months.
Justices Girish Kulkarni and Advait Setha of the HC, in their order, stated, “The sanctity of rule of law and the brazen breach and non-compliance of the orders passed by this court cannot be taken lightly.” They noted that the man involved in the marital dispute had the “audacity” to openly defy the orders. “Even to get him to appear in the present proceedings became a difficult task for the petitioner. The court was required to pass coercive orders to secure his appearance in the present proceedings. For causing such harassment to the petitioner and the daughters for six years, and from the tenor of the contentions as urged before us, it is clear to us that the contemnor has no respect for the rule of law, and he has no regard for the orders passed by this court.”
The HC was hearing a family court appeal of 2015 filed by the husband against an order of a family court. The wife, in 2019, filed a contempt plea alleging non-compliance with an earlier HC order that directed him to pay maintenance. The wife stated that she and their two children were being deprived of their livelihood since he was refusing to maintain them.
The HC, in a detailed order, said, “It clearly appears that except for the intervention by the court, he was quite ruthless to the petitioner and his two daughters.” The HC bench added, “It cannot be overlooked that the contemnor did not leave a single stone unturned to defeat the orders passed by this court.” The HC observed that although the husband adopted a variety of proceedings, “with an intention not to comply with the orders passed by the court, in which he miserably failed, including in two proceedings before the Supreme Court.”
The HC directed the immediate arrest and surrender of the man who was present in court and rejected his plea for a stay of its order.