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DELHI HIGH COURT
MANMEET PRITAM SINGH ARORA
Pooja Kumar – Appellant
Versus
Mohit Kumar – Respondent
| Table of Content |
|---|
| 1. non-payment of maintenance obligations (Para 1 , 2 , 3 , 4) |
| 2. failure to comply with court orders (Para 5 , 6 , 7 , 8 , 9) |
| 3. importance of compliance even during appeals (Para 10 , 11) |
| 4. guilt of contempt and punishment (Para 12 , 13 , 14) |
ORDER
1. Respondent is present in Court today, in compliance with the order of this Court dated 01.11.2022.
2. Learned counsel for the Petitioner states that Respondent has failed to make payment of maintenance in terms of the order dated 04.12.2021, passed by Metropolitan Magistrate, Mahila Court - 2 (South District), Saket Court, New Delhi (`Trial Court'). He states that there are arrears of Rs. 4,85,000/due and payable by the Respondent and the last payment was received by the Petitioner on 06.09.2022 for a sum of Rs. 50,000/-.
3. He further states that there has been change in circumstances during the pendency of the present petition. The Petitioner along with her children resides in a tenanted premises, which have been leased by the Respondent. A decree for possession has been passed by the Civil Court in favour of the Landlord, on the basis of statement made by the Respondent herein recording his willingness to surre
Willful non-compliance with a court maintenance order constitutes contempt, irrespective of claims of financial hardship without evidence.
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....
Repeated breaches of undertakings and non-compliance with court orders can lead to a finding of contempt, and leniency may be misunderstood as weakness.
Deliberate and wilful disobedience of court orders and undertakings can lead to punishment under the Contempt of Courts Act, 1971.
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