VRINDA ANAND Vs. ARUN ANAND

JUDGEMENT

(1.) This is a petition under Ss. 10 and 12 of the Contempt of Courts Act, 1940 (or 70 of 1971) (hereinafter to be referred as 'the Act').

(2.) There is no dispute about the facts. Mrs.- Vrinda Anand, the petitioner, and Dr. (Maj.) Arun Anand, the respondent, were married on Mar. 4, 1981. A son was born out of this wedlock on Apr. 16,1983. On Sept. 26, 1984 the wife filed a petition under S. 13 of the Hindu Marriage Act for the dissolution of the marriage by a decree of divorce. Along with this petition she filed an application under S. 24 of the Act for grant of expenses of the proceedings and maintenance pendente lite, for herself and her minor child. By an order dt. Feb. 2, 1985 learned Additional District Judge, trying that petition, directed the husband to pay a sum of Rs. 3000.00 as litigation expenses and Rs. 1000.00 per month with effect from Sept. 27, 1984 as maintenance pendente lite.

(3.) The husband failed to comply with this order. Holding that non-compliance was ex facie contumacious, his defence was struck off on Feb. 22, 1985. On Apr, 8, 1985 the wife moved an application for taking out contempt proceedings under the contempt of Courts Act, 1971 against the husband for contumaciously disobeying the order granting maintenance. Holding that the defence of the husband had already been struck off and that by virtue of the provisions contained in S. 28 of the Army Act, arms, clothes, equipment and other necessities of any army personnel, subject to the Army Act, could not be attached and also observing that the Court had already written to the Secretary, Defence, Chief of Army Staff and Adjutant General to protect the interest of the wife, the application was rejected. The wife also resorted to execution proceedings, which are pending, but with no success. The marriage was dissolved by a decree of divorce under S. 13(1 )(a) by order dt. Aug. 19, 1985.