Contempt Case No.2177/2017
Shri Prateek Maheshwari, learned counsel for the
Heard on the question of admission.
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
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
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
(P.K. Jaiswal) (Virender Singh)
Digitally signed by Ramesh Chandra
DN: cIN, oHigh Court of Madhya
postalCode452001, stMadhya Pradesh,
7a, cnRamesh Chandra Pithwe
Date: 2017.11.05 14:10:33 +05’30’