RIDHIMA JUNEJA Vs. DEVEN JUNEJA AND ORS.

JUDGEMENT

(1.) The present contempt petition has been filed alleging wilful disobedience of the order dated 19th April, 2016, whereby the Supreme Court had directed the respondent-husband to pay Rs. 1 lakh as interim maintenance to the petitioner with effect from 01st May, 2016. The respondent-husband was further directed to clear all the arrears of interim maintenance within a period of three months.

(2.) Ms. Geeta Luthra, learned senior counsel for the petitioner states that the respondent-husband has to pay, till date, the outstanding amount of Rs. 67 lakhs in accordance with the direction given by the Apex Court in its order dated 19th April, 2016. According to her, the petitioner has not only wilfully disobeyed a binding judgment of the Apex Court, but his conduct is also contumacious. She refers to certain photographs of the respondent-husband to show that he has been leading a luxurious lifestyle.

(3.) On the other hand, Ms. Prerna Mehta, learned counsel for the respondent-husband states that the respondent-husband does not have the financial capacity to comply with the order dated 19th April, 2016 passed by the Supreme Court. She points out that the respondent-husband is a salaried employee with Juneja Trading (a company owned by his closed relative) at the salary of Rs. 20,000.00 per month. Consequently, according to her, the respondent-husband at present can pay only Rs. 20,000.00 per month as maintenance amount to the petitioner. She submits that the Supreme Court has only determined the ad interim maintenance amount and the final determination has been left to the Trial Court.