Smt.Monica Rajoriya vs Mahendra Kumar Rajoriya on 1 November, 2017

1

Contempt Case No.2177/2017
01.11.2017
Shri Prateek Maheshwari, learned counsel for the
petitioner.
Heard on the question of admission.
ORDER

This contempt petition has been filed by the
petitioner (wife) against her husband under Section 12
of the Contempt of Courts Act, 1971 due to willful
disregard of orders passed by this Court from time to
time in First Appeal No.1332/2013.

2. As per order dated 02.04.2016 (Annexure C/1),
this Court while deciding IA No.6569/2015, an
application under Section 24 of the Hindu Marriage
Act, 1955, seeking pendente lite interim maintenance,
directed that respondent (husband) shall pay to
appellant (wife) Rs.12,500/- per month by way of
interim maintenance pendente lite from the date of
application and also pay Rs.7,500/- to her as litigation
expenses.

3. Learned counsel for the petitioner has drawn our
attention to orders dated 29.06.2016 (Annexure C/2),
11.07.2016 (Annexure C/3) and submitted that the
interim maintenance, as awarded to the appellant, has
not been deposited by the respondent (husband), and
therefore, he has committed contempt of this Court by
willful disobeying the orders passed by this Court in
2

First Appeal No.1332/2013.

4. To support the aforesaid, he has drawn our
attention to decisions of the Supreme Court in the case
of Manish Jain v. Akanksha Jain Civil Appeal
No.4615/2017 decided on 30.03.2017 and Tulsi
Paron v. Olom Paron SLP (Criminal)
No.7697/2013 decided on 14.11.2014.

5. On due consideration of the aforesaid, decisions
cited by the learned counsel for the petitioner, so also
the facts and circumstances of the present case, we are
not inclined to entertain this contempt petition.

6. It is not in dispute that no undertaking was
furnished by the respondent (husband) and the order
has been partly complied with, though there is default
of three months only in payment of amount.

7. For the above mentioned reasons, Contempt Case
No.2177/2017 has no merit and is accordingly
dismissed.

(P.K. Jaiswal) (Virender Singh)
Judge Judge
Pithawe RC

Ramesh

Digitally signed by Ramesh Chandra
Pithwe
DN: cIN, oHigh Court of Madhya

Chandra
Pradesh, ouAdministration,
postalCode452001, stMadhya Pradesh,
2.5.4.205657c7dcce52095b400cf9f273e8

Pithwe
b1cd636bdbf86f330909bb87923adec1e2
7a, cnRamesh Chandra Pithwe
Date: 2017.11.05 14:10:33 +05’30’

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