VERA ARANHA Vs. JACVB HAROLD

JUDGEMENT

(1.) THIS is an application for contempt of Court by the petitioner-wife initiating contempt proceedings against her husband (hereinafter referred to as the contemnor) for disobeying the order of maintenance made in her favour by this Court.

(2.) BY a common order dated November 15, 1983 in Civil Application No. 2024 of 1983 and other Civil Applications, this Court (B. C. Gadgil, J.) directed the contemnor to pay interim alimony at the rate of Rs. 100/. per month to the petitioner from July 1982 till December 1983 and continue to do so for the subsequent months on or, before the 15th day of each month. Further, by an order dated April 12, 1984 in Civil Application No. 1317 of 1984 in First Appeal No. 258 of 1983, this Court (S. K. Desai, J.) directed the contemnor to deposit Rs. 500/- in the Court on or before April 18, 1984. According to the petitioner. the contemnor has intentionally, wilfully and in calculated defiance not complied with the said orders. On the contrary, according to her, the contemnor has been openly saying that inspite of the orders of this Court, he shall not pay any alimony to her. The petitioner, therefore, contended that the contemnor is guilty of contempt of this Court under Section 2 (b) read with Section 12 (1) of the Contempt of Courts Act, 1971 (hereinafter referred to as the Contempt of Courts Act') for which he should be suitably punished.

(3.) ADMITTEDLY, the contemnor has so far not paid any money to the petitioner pursuant to the orders passed by this Court. Instead, he has filed a lengthy reply challenging the contempt proceedings saying that the orders passed against him are void ab initio and that he has not wilfully disobeyed the same further adding that he has no money to pay as maintenance to his wife.