(Uday Umesh Lalit, Mohan M. Shantanagoudar and Vineet Saran, JJ.)
Atul Arun Gonel _________________________________ Appellant;
v.
Priya Atul Gonel _______________________________ Respondent.
Civil Appeal No. 9318/2019, decided on May 19, 2020
The Order of the court was delivered by
Order
1. In this Statutory appeal, exception is taken to the order dated 11.10.2019 passed by the High Court of Judicature at Bombay in Contempt Petition No. 507 of 2018.
2. In proceedings initiated by the husband seeking divorce under Section 13(1)(ia) of the Hindu Marriage Act, 1955, an interim prayer for maintenance made by the wife was granted by the Family Court. Later, by order dated 31.10.2017 passed by the Family Court, the marriage was dissolved which order is presently pending appeal in the High Court. At the interim stage, the High Court by order dated 19.7.2018, directed as under:
“a) Civil Application is allowed in terms of prayer clauses (a), (b) and (c) which read thus:—
“a) Direct Respondent to pay interim maintenance of Rs. 15,000/- per month to the Applicant in the interest of justice.
b) Direct Respondent to pay interim maintenance of Rs. 10,000/- per month to each son in the interest of justice.
c) Direct Respondent to pay interim maintenance of Rs. 8,000/- per month towards house rent for Applicant and two sons in the interest of justice.”
8. List the Family Court Appeal No. 56 of 2018 for directions on 21st November, 2018 before this Court to peruse the Police Report.”
3. Because of the failure on part of the husband to pay the amount of maintenance as directed, Contempt Petition No. 507 of 2018 was filed by the wife. During the course of those proceedings an Undertaking was given by the husband which was recorded in the order dated 26.06.2019 by the High Court. The order records that the husband admitted that an amount of Rs. 4.73 lakhs was due and payable as per the orders of maintenance passed by the Family Court. The Undertaking given by the husband was recorded as under:—
“He undertakes to pay an amount of Rs. 2 lakhs to the petitioner by way of Demand Draft as follows:
(i) Rs. 1 lakh on or before 10th July, 2019.
(ii) Rs. 1 lakh on or before 24th July, 2019.”
4. Since there was complete failure on part of the husband to abide by the terms of Undertaking, the High Court in the order which is presently under appeal found the husband guilty of contempt and sentenced him to undergo six months simple imprisonment in Civil Prison and directed that he be taken into custody and sent to Arthur Road Prison, Mumbai.
5. After pronouncement of the order, a representation was made which was recorded by the High Court as under:
“After the pronouncement of the Order, the Respondent-husband who is present in Court, through his Advocate, has sought suspension of the Order in order to enable him to test the same before the Supreme Court. He undertakes to pay by way of demand draft to the Petitioner-wife an amount of Rs. 1 Lac by 18th October, 2019. The undertaking is accepted. The sentence is suspended for a period of three weeks from today. Stand over to 18th October, 2019 to report compliance.”
6. Mr. Viresh B. Saharya, learned counsel for the appellant submits that this part of the order has been complied with by the husband.
7. Since as recorded by the High Court, there was complete violation of the Undertaking given to the Court, we see no reason to interfere in the matter. This appeal is, therefore, dismissed.
Civil Appeal No(s). 9318/2019
Atul Arun Gonel __________________________________ Appellant
v.
Priya Atul Gonel __________________________________ Respondent
(IA No. 37244/2020 – APPLICATION FOR PERMISSION
IA No. 37242/2020 – PERMISSION TO FILE ADDITIONAL DOCUMENTS/FACTS/ANNEXURES
IA No. 190425/2019 – STAY APPLICATION)
Date : 19-05-2020 These matters were called on for hearing today.
(Before Uday Umesh Lalit, Mohan M. Shantanagoudar and Vineet Saran, JJ.)
For Appellant(s) Mr. Viresh B. Saharya, AOR
Mr. Akshat Agarwal, Adv.
For Respondent(s) Mr. Ravindra Keshavrao Adsure, AOR
UPON hearing the counsel the Court made the following
ORDER
8. The appeal is dismissed in terms of the signed order.
9. Pending applications, if any, stand disposed of.
———
