SUDEEPA BISWAJIT GANGULY Vs. BISWAJIT BIJANKUMAR GANGULY

JUDGEMENT

(1.) By this application filed under Article 215 of The Constitution of India read with Sec. 12 of The Contempt of Courts Act, 1971 (for short "the Act"), the applicant seeks initiation of appropriate action against the respondent for contempt of Court, who has committed willful disobedience of order dtd. 15/12/2021 passed in Criminal Misc. Application No.443 of 2021, whereby the Learned Additional Chief Judicial Magistrate, Ahmedabad (Rural) had directed the respondent to pay interim maintenance of Rs.10,000.00 per month towards the applicant and Rs.3,000.00 per month towards her minor son from the date of filing of the impugned application i.e. from 18/3/2019.

(2.) Learned advocate Mr.Gupta for the applicant has submitted that despite the aforesaid order dtd. 15/12/2021, the respondent deliberately did not make payment of the interim maintenance amount to the applicant and her minor son, in spite of having the requisite financial resources for the purpose.

(3.) Thus, it is submitted that, in view of the above, on 4/3/2022, the applicant was constrained to file an application under Sec. 125(3) of the Criminal Procedure Code, 1973 (for short "the Cr.P.C ."), before the learned Additional Chief Judicial Magistrate, Ahmedabad (Rural), which was registered as Criminal Misc. Application No.683 of 2022, wherein an attachment order has also been passed against the respondent for non- payment of interim maintenance of Rs.5,46,000.00 as on 18/9/2022, however, the respondent has not discharged his obligation in compliance of order dtd. 15/12/2021 directing him to pay interim maintenance as above.