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SUBRAMONIUM PRASAD
Kinri Dhir – Appellant
Versus
Veer Singh – Respondent
JUDGMENT
Subramonium Prasad, J.
REVIEW PET. 141/2022 & CM APPL. 26165/2022
1. The instant review petition under Order XLVII read with Section 114 of the CPC has been filed against the Judgment of this Court dated 26.04.2022 rendered in CONT.CAS(C) 60/2022, whereby the contempt petition of the Petitioner herein/Wife was dismissed.
2. The facts, in brief, leading to the instant petition are as under:
i. The Petitioner herein/Wife filed a petition under the Guardian and Wards Act, 1890, and an application under Sections 18(1)(e) read with Sections 23 & 26 of the Protection of Women from Domestic Violence Act, 2005 (hereinafter referred to as the "DV Act").
ii. Vide Order dated 09.11.2021, the learned Principle Judge, Family Court (South-East), Saket Courts, New Delhi, in G.P. No. 16/2021, directed as under:
"Regarding the maintenance which has been claimed by the Petitioner, it is an admitted fact that the rent of the serviced apartment along with all the amenities and bills are being provided by the Respondent till date to the Petitioner. Therefore, in addition to the facilities which have been provided to the Petitioner by the Respondent and which he will continue to provide, he will a
Civil contempt necessitates willful disobedience of court orders; mere non-compliance is insufficient unless clear intent to defy exists.
Willful disobedience of maintenance orders, assessment of financial capacity by competent Courts, refusal to accept lack of resources plea to set aside Court orders
Repeated non-compliance and disobedience of court orders and undertakings constitute contempt of court.
The court emphasized that the orders passed by the Courts must be fully honored and that the respect, confidence, and supremacy of judicial proceedings must be maintained at all costs to secure the r....
The determination of maintenance in matrimonial disputes depends on the financial status of the parties and the standard of living to which the aggrieved person is accustomed.
The maintenance amount must ensure adequate support for the dependent spouse and children without imposing an unreasonable burden on the payer, considering the financial circumstances of both parties....
The court upheld joint parental responsibility for child support, clarifying that maintenance cannot be denied based on financial hardship without thorough examination of the parties' abilities.
The right to residence under the PWDV Act is not absolute and must be balanced with the rights of other family members, while the obligation to provide maintenance is crucial for the livelihood of th....
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