DHRUTIBEN NIKUNJBHAI GADANI Vs. NIKUNJBHAI KIRNABHAI GADANI

JUDGEMENT

(1.) Despite our earlier detailed order dated 09.02.2017, the respondent husband who is staying in Australia and has virtually deserted the wife and the minor child, again has chosen not to appear before the Court and has not complied with the order passed by the learned Single Judge of this Court and is not paying any amount of interim maintenance to the wife and the minor child. The order dated 09.02.2017, reads as under:

(2.) Despite the above, respondent is neither complying with the order passed by this Court nor paying any interim maintenance to the applicant wife and the minor child. We have also considered the subsequent affidavit filed by the respondent husband submitting that he is not in a position to remain present pursuant to the earlier order passed by this Court dated 09.02.2017. However, we are not at all satisfied with the explanation given by the respondent no.1 husband. As observed herein above, the respondent husband who is staying in Australia and is earning well, is not paying any amount of interim maintenance to the wife and minor child and has put both wife and the minor child in absolute helpless position and condition. As noted earlier, the applicant wife is suffering from disease and she also needs a sufficient amount for her medical treatment. Number of opportunities are given to the respondent husband to pay interim maintenance to the applicant wife and the minor child as per the order passed by this Court, however the respondent husband has neglected to pay any amount of interim maintenance to them. Under the circumstances, we have no other alternative but to Admit the present application and to secure the presence of the respondent no.1. In our earlier order dated 09.02.2017 we observed that if the order of interim maintenance is complied with respondent no.1 did not remain present. However, despite the above, respondent no.1 husband is neither paying any interim maintenance nor complying with the order passed by this Court nor remaining present in the present contempt proceedings. Under the circumstances, we have no other alternative but to Admit the present application and to secure presence of the respondent as we are prima facie of the opinion that there is continuance, deliberate and willful disobedience of the respondent no.1 husband by not complying with the order of interim maintenance passed by this Court, by which, as observed herein above, the applicant wife and minor child are to be in an absolute helpless condition and they are not in a position to maintain themselves. It appears that respondent no.1 is taking disadvantage of the fact that he is staying in Australia. Hence, Rule returnable on 01.05.2017. The present order be served to the respondent No.1 at his residential address i.e. 20/53-61, Wright Street, Hurstville, NSW 2220 and also through his employer at Beverly Hills Kebab, 520 King Georges Road, Beverly Hills, NSW - 2209. The present order be served upon the respondent No.1 also through his email address nikunjgadani@gmail.com.