MAT.APP. (F.C.) 172/2022 Page 1 of 20

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IN THE HIGH COURT OF DELHI AT NEW DELHI

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Reserved on:26^th September, 2023

Pronounced on: 1^st February, 2024

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MAT.APP.(F.C.) 172/2022 & CM APPL. 64721/2022 (Stay)

MOHIET ANAND

..... Appellant

Through:

Mr. Parnjay Chopra, Advocate.

versus

PARUL ANAND

.....Respondent

Through:

Mr. Y.K. Singh & Mr. Pranaynath Jha,

Advocates with respondent in person.

CORAM:

HON’BLE MR. JUSTICE SURESH KUMAR KAIT

HON'BLE MS. JUSTICE NEENA BANSAL KRISHNA

J U D G M E N T

NEENA BANSAL KRISHNA, J.

1.

The present Appeal under Section 19 of the Family Courts Act, 1984

has been filed on behalf of the appellant/husband against the Order dated

30.09.2022 vide which the appellant/husband has been directed to be taken

into Custody for civil imprisonment on account of non-payment of arrears of

maintenance awarded under Section 24 of the Hindu Marriage Act, 1955

(hereinafter referred to as “HMA, 1955”) in the Execution Petition No.

11/2020.

2.

Briefly stated, the facts are that the parties got married on 14.04.1999

according to Hindu Rites and ceremonies. However, due to differences

between them, the respondent/wife separated from the appellant/husband

and filed a Divorce Petition bearing No. HMA 630 of 2014 (re-registered as

Digitally Signed

By:VIKAS ARORA

Signing Date:02.02.2024

20:32:36

Signature Not Verified

MAT.APP. (F.C.) 172/2022 Page 2 of 20

HMA No. 48/2018) under Section 13(1)(ia) of the HMA, 1955. During the

trial, an Order dated 28.09.2015 under Section 24 of HMA, 1955 was made

against the appellant/husband vide which he was directed to pay Rs. 14,000/-

per month to each of the two children and Rs. 16,000/- per month to the

respondent/wife from the date of filing of the application. In addition to

maintenance, Rs. 20,000/- as litigation expenses was given to the

respondent/wife.

3.

While the divorce proceedings were pending, the respondent/wife

filed the Execution Petition No. 27/2018 seeking enforcement of the interim

Order dated 28.09.2015 granting the interim maintenance to the wife and the

children. In this Execution Petition, the appellant/husband was taken into

custody and sent to civil imprisonment on 24.02.2021 for the maximum

sentence

period

of

three

months,

which

was

served

by

the

appellant/husband.

4.

The appellant/husband failed to appear in the Divorce Proceedings

and he was proceeded ex parte and the divorce was granted vide Judgment

dated 22.05.2020.

5.

The respondent filed another Execution Petition bearing No.

11/2020 for the execution of the same Order dated 28.09.2015 of interim

maintenance. Now again, the learned Family Judge vide Order dated

30.09.2022 directed that as the Judgment Debtor/appellant/husband was not

willing to make the payment of arrears of maintenance amounting to Rs.

22,00,000/- till the date of Divorce decree, he be taken into custody and be

sent to civil imprisonment till 26.10.2022. The respondent/wife was directed

to deposit the subsistence allowance within three days, as per Rules.

Digitally Signed

By:VIKAS ARORA

Signing Date:02.02.2024

20:32:36

Signature Not Verified

MAT.APP. (F.C.) 172/2022 Page 3 of 20

6.

7.

It is submittedon behalf of the Appellant that the impugned Order

dated 30.09.2022 of remanding the appellant/husband to civil imprisonment

is absolutely illegal and perverse in terms of Section 58 of the Code of Civil

Procedure, 1908 (hereinafter referred to as “CPC, 1908”). The

appellant/husband has already served the maximum punishment of three

months as stipulated in Section 58 of CPC, 1908 in regard to interim

maintenanc