Delhi High Court sentences man to three months' imprisonment for Contempt of Court for refusal to pay maintenance

The Delhi High Court on Thursday sentenced a man to three months of simple imprisonment along with a fine of ₹2000 for contempt of court after he refused to pay maintenance to his estranged wife (Sonali Bhatia v Abhivansh Narang).

. The Bench of Justices Vipin Sanghi and Jasmeet Sanghi held that the man had been shown more than adequate indulgence, despite which he chose to be “adamant and obstinate” while showing complete disregard to the orders of the Court.

“If such action is permitted, it will lead to anarchy and the Rule of Law would become a casualty. The orders of the Courts would be taken lightly and breached at the own sweet will of the individual concerned. There has been no effort on the part of the respondent to comply with the aforesaid orders. If he had acted bona fide, he would have paid or deposited, at least, a portion of the outstanding amount to the petitioner. However, the Respondent has chosen not to pay a penny,

It is the dignity and majesty of the court which needs to be preserved. The judiciary as an institution has garnered faith of the common masses as a trusted institution only because judicial orders are enforced, in an appropriate case, even at the pain of contempt. The faith posed by the people in the judiciary has to be protected in the interest of society, and also to meet the ends of justice,” the judges said.

. The Court was dealing with a contempt petition filed by the wife under the Contempt of Courts Act, 1971 alleging that there was wilful disobedience on the part of the husband in not following the orders of the family court and the High Court.

The family court had directed the husband to pay ₹35,000 as maintenance and ₹75,000 towards litigation expenses to the wife, after which the High Court had directed him to follow these orders. The man, however, argued that he has no means to comply with these directions.

. The Court noted that his bank statements and the documents furnished for a loan showed that he was continuously maintaining a decent balance. It was also pointed out that the man had several other bank accounts as well, details of which were not furnished before the Court.

“In view of the aforesaid facts, it is abundantly clear to us that the Respondent is guilty of intentionally and deliberately violating, and not complying with the order dated 22.12.2020 passed by the Family Court and order dated 11.02.2021 passed by this Court,” the Court held.

. It further opined that the man’s conduct shows that he tried to act “over smart” by concealing his true income and expenditure as well as the channels through which his income is flowing.

“We have considered the aspect that mere imposition of a fine of Rs.2,000/- would not meet the ends of justice, and that a sentence of imprisonment is necessary considering the fact that the arrears owed by him are far in excess of the fine imposed, and the fact that he has deliberately, willfully, intentionally and defiantly disobeyed the directions issued to him by the Family Court and by this Court despite grant of opportunities,” it said.

. The Court, however, added that if the man tenders an unconditional apology and complies with the order passed by the family court by making the payment of the entire arrears of maintenance within two weeks, it will consider recalling the punishment of imprisonment.

“However, in case he does not comply with this direction in the next two weeks, he is directed to surrender before the Jail Superintendent, Central Jail, Tihar, New Delhi, on 09.12.2021,” the Court has said.

. While Senior Advocate Priya Hingorani along with Advocates Himanshu Yadav and Anirudh Jamwal appeared for the petitioner wife, the respondent husband appeared in person.

. [Read Judgment]

Delhi High Court sentences man to three months' imprisonment for Contempt of Court for refusal to pay maintenance

Prashant Jha

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