LAWS(DLH)-2017-5-425

SANJEET SINGH Vs. ANUPAMA

Decided On May 26, 2017
SANJEET SINGH Appellant
V/S
ANUPAMA Respondents

JUDGEMENT

(1.) Pursuant to the order dated 24.5.2017, the appellant is present on issuance of production warrants served on him through the Superintendent Jail.

(2.) Learned counsel for the appellant states that vide order dated 28.2017 passed by the learned Family Court (North), Rohini Court, Delhi in Ex.No.25/16 filed by the respondent/wife against the appellant/husband, taking note of the fact that the appellant/Judgment Debtor (JD) had not paid the arrears of maintenance to the respondent/Decree Holder (DH) that had mounted to a sum of Rs. 3.50 lacs as on 31.8.2016, in terms of the order dated 31.8.2016 passed in HMA No.21/15, he was directed to be taken into custody and sent to civil imprisonment till 17.3.2017. The said order was duly executed and the appellant/JD was taken into custody on 28.2.2017. The next date fixed in the execution proceedings was 17.3.2017. On the said date, the appellant/JD was produced before the Family Court from judicial custody and was directed to remain in custody till 31.3.2017.

(3.) On 31.2017, on an application filed by the respondent/DH under section 24 of the Hindu Marriage Act, 1955, the learned Family Court had recorded that the appellant/JD had still not made any payment and therefore, he was sent back to judicial custody till 20.4.2017, On 20.4.2017, production warrants were issued for the production of the appellant/JD on 2.5.2017. On 2.5.2017, noting the fact that the appellant/JD had failed to make any payment to the respondent/DH towards the maintenance, he was sent back to judicial custody till 15.5.2017. Finally, on 15.5.2017, again recording that no payment had been made by the appellant/JD to the respondent/DH, he was directed to remain in custody till 31.5.2017.