MOHIET ANAND Vs. PARUL ANAND

JUDGEMENT

(1.) The present Appeal under Sec. 19 of the Family Courts Act, 1984 has been filed on behalf of the appellant/husband against the Order dtd. 30/9/2022 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 Sec. 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 14/4/1999 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 HMA No. 48/2018) under Sec. 13(1)(ia) of the HMA, 1955. During the trial, an Order dtd. 28/9/2015 under Sec. 24 of HMA, 1955 was made against the appellant/husband vide which he was directed to pay Rs.14,000.00 per month to each of the two children and Rs.16,000.00 per month to the respondent/wife from the date of filing of the application. In addition to maintenance, Rs.20,000.00 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 dtd. 28/9/2015 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 24/2/2021 for the maximum sentence period of three months, which was served by the appellant/husband.