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7 CP.284.2024.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION

CONTEMPT PETITION NO. 284 OF 2024

Lina Alex … Petitioner

Versus

Alex Mathew … Respondent

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Mr. Rohan Cama i/b Ms Sapana Rachure, for the Petitioner.

Ms Seema Sarnaik, Senior Advocate, a/w Ansu Coftagiri Varghese i/b

M/s. Geogy Jacob & Associates, for the Respondent.

Ms Lina Alex, Petitioner is present.

Mr. Alex Mathew, Respondent is present.

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CORAM : MANJUSHA DESHPANDE, J.

DATE : 11^th DECEMBER 2025

P.C. :

. By order dated 18^th June 2025, after hearing the parties for some time, simple notice was issued to the Respondent-husband, making it returnable on 16^th July 2025. It was recorded in the order that the Respondent will show his bona fides by clearing at least the 50% of the arrears within a period of four weeks, and it has also been recorded that if he fails to deposit the 50% of the said amount, this Court will be constrained to invoke the provisions of Contempt of

Court Act, 1971.

2. When the matter was listed on 16^th July 2025, a statement came to be made on behalf of the Respondent that he has deposited an amount of Rs.5,00,000/-, and he proposes to deposit the balance of 3. Today, when the matter is listed, Ms Seema Sarnaik, learned senior counsel appearing for the Respondent-husband places on record

the affidavit filed by the Respondent and submits that the Respondent could not file the affidavit within the time granted by this Court, for which he tenders his sincere apology. Upon perusal of the affidavit, the only ground for his inability to pay the arrears, appears to be that he is jobless and, therefore, there is no willful disobedience of the order due to his genuine difficulty viz his financial incapacity. It is further stated that, he has shown his bona fides by depositing an amount of Rs.5,00,000/- on 15^th July 2025 towards the arrears of maintenance.

4. It is further stated that in the interest of settlement of dispute to satisfy the claim of the Petitioner, he is ready to handover the rights in the house owned by him to the Petitioner, where she is presently residing. According to him, the house is approximately valued at Rs. 3 crores. Apart from that, the other ground taken by the Respondent is that, his application for modification of order filed in 2017, is still pending before the Family Court at Bandra, due to the delay caused by the Petitioner.

5. After going through the affidavit tendered in the Court today, I find that the contents of the affidavit are not in consonance with the statement of the respondent made before this Court during the hearing and recorded in order dated 16^th July 2025. While passing the order on 16^th July 2025, a statement on behalf of the Respondent has been recorded that phe proposes to deposit the balance amount, for 6. Instead of coming forward with the exact timeline and the dues, he has come forward with excuses for non-payment of the arrears of maintenance, which is not at all satisfactory and amounts to breach of undertaking given to this Court, constraining this Court to invoke provisions of Contempt of Courts Act, 1971.

7. It is to be noted that while disposing of the Contempt Petition No. 226 of 2019 on 12^th February 2020, this Court had granted liberty to the Petitioner to move this Court, if it is noticed that the Respondent is intentionally avoiding to pay maintenance. In spite of the fact that the Family Court has passed an order on 27^th October 2010, granting maintenance to the Petitioner, which was confirmed by the orders passed by this Court in Criminal Revision Application No. 56 of 2011, vide order dated 7^th November 2011, the Respondent has not complied with the orders passed by the Family Court, which stood merged in the orders passed by this Court. Even today, the Respondent-husband has come with excuses of unemployment for noncompliance of the order.

8. In view of the breach of undertaking given to this Court, is