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IN THE HIGH COURT OF DELHI AT NEW DELHI
Manmeet Pritam Singh Arora, J.
Pooja Kumar – Appellant
Versus
Mohit Kumar – Respondent
CONT.CAS(C) 5 of 2022
Decided On : 10-04-2023
Contempt - Maintenance - Protection of Women from Domestic Violence Act, 2005 - Section 23
Fact of the Case:
The Petitioner filed a contempt petition against the Respondent for willful disobedience of the order directing payment of monthly maintenance. The Respondent failed to pay the maintenance, leading to arrears and a threat of homelessness for the Petitioner and her children.
Finding of the Court:
The Court found the Respondent guilty of contempt for willful disobedience of the maintenance order. The Court rejected the Respondent's plea of lack of financial capacity, citing the assessment of the Trial Court and the Appellate Court. The Court imposed a fine and sentenced the Respondent to imprisonment for the willful default in payment of maintenance.
Issues: Willful disobedience of maintenance order, financial capacity of the Respondent, threat of homelessness for the Petitioner and her children
Ratio Decidendi: The Court held that the Respondent's failure to comply with the maintenance order, despite having the financial capacity as assessed by competent Courts, amounted to willful disobedience. The Court also emphasized that the Respondent's plea of lack of resources cannot be used to set aside orders passed by competent Courts.
Final Decision: The Court imposed a fine and sentenced the Respondent to imprisonment for the willful default in payment of maintenance. The Court also provided an opportunity for the Respondent to avoid imprisonment by complying with the maintenance orders within a specified time frame.
JUDGMENT
1. The present contempt petition has been filed by the Petitioner, wife, stating that the Respondent, husband, is in wilful disobedience of the order dated 04.12.2021, passed by the Metropolitan Magistrate, Saket District Courts, South, New Delhi (`Trial Court'), in CT Case bearing no. 1082/2021, whereby the Respondent has been directed to pay a monthly maintenance amount of Rs.60,000/- from the date of filing of the case i.e., from 28.08.2021 till the disposal of the case.
2. The said order dated 04.12.2021 was passed by the Trial Court in an application filed by the Petitioner under Section 23 of the Protection of Women from Domestic Violence Act, 2005 (`DV Act'). The Trial Court after appreciating the facts of the case and assessing the standard of living of the parties, awarded the said amount of Rs.60,000/- per month as a lumpsum towards the rent and/or any other expenses of the Petitioner; and the entire educational and/or any other expenses of the children. The Petitioner and her children were living in a tenanted premises, taken on rent by the Respondent.
3. The Respondent preferred an appeal against the said order dated 04.12.2021, however the same was dismissed by the ASJ, South District, Saket Courts, New Delhi (`Appellate Court'), in Criminal Appeal No. 31/2022, vide order dated 11.01.2023 and the award of interim maintenance amount of Rs.60,000/- per month has been upheld as just, fair and reasonable.
4. The Respondent herein has defaulted in payment of the said maintenance and in addition, conceded to a consent decree of possession in favour of the landlord and against the Petitioner herein, exposing the Petitioner and her children to homelessness and threatening the continuity of the education of children.
5. The total amount payable by the Respondent as on date (i.e., for 18 months; September 2021 to February, 2023) is Rs.10,80,000/-, towards the interim maintenance. The Respondent has paid a sum of Rs.4,15,000/- and therefore, the admitted arrears as on 28.02.2023 are Rs.6,65,000/-.
6. This Court vide order dated 28.11.2022 held the Respondent guilty of contempt for willful disobedience of the order dated 04.12.2021 passed by the Trial Court.
7. The admitted facts which led this Court to hold the Respondent guilty of contempt are as under:
7.1. The marriage between the parties was solemnized on 30.03.1998 in New Delhi as per Hindu Rites and customs. The parties had two children out of the said wedlock i.e., a daughter and a son, aged about 22 years and 17 years respectively (as on the date of filing of this petition).
7.2. The parties, post marriage, started residing in a tenanted premises i.e., Flat No. A-2/02, Azad Apartment, Sri Aurobindo Marg, Hauz Khas, New Delhi-110016, since the year 2019 (`tenanted premises'). The said tenancy was in the name of the Respondent and the rent for the same was reserved as Rs.65,000/- per month.
7.3. It is stated in the petition that the Respondent moved out of the said tenanted premises on 23.02.2020 and thereafter, shifted in with another woman, with whom he is having an extra marital affair.
7.4. The Petitioner being aggrieved by the cruelty and harassment caused by the Respondent, husband, filed a complaint under the DV Act, before the Trial Court on 28.08.2021, wherein she moved an application under Section 23 of the DV Act, seeking grant of ad-interim reliefs.
7.5. The Respondent herein appeared in the said proceedings on 07.09.2021 and undertook to pay a sum of Rs.25,000/- [excluding rent] as ad-interim monthly maintenance till the disposal of the case.
7.6. The said application filed by the Petitioner under Section 23 of the DV Act came to be disposed by the Trial Court vide order dated 04.12.2021, compliance whereof was sought in the present proceedings
7.7. That due to non-payment of the maintenance, the Petitioner, through her counsel, issued an email dated 11.12.2021 to the Respondent, requesting him to clear the arrears of maintenan
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.
Civil contempt necessitates willful disobedience of court orders; mere non-compliance is insufficient unless clear intent to defy exists.
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....
Repeated breaches of undertakings and non-compliance with court orders can lead to a finding of contempt, and leniency may be misunderstood as weakness.
Court orders regarding child maintenance are binding and must be complied with regardless of personal circumstances, and failure to do so can result in contempt proceedings.
Every High Court shall have and exercise the same jurisdiction, powers and authority, in accordance with the same procedure and practice, in respect of contempts of courts subordinate to it as it has....
Willful non-compliance with a court maintenance order constitutes contempt, irrespective of claims of financial hardship without evidence.
The court established that failure to comply with a child maintenance order constitutes wilful contempt, and committal proceedings can enforce monetary judgments despite procedural objections.
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