B.M. SUMAN Vs. SHASHIKANT BHAGAVAN

JUDGEMENT

(1.) Registry to waive objections and register the matter.

(2.) This Contempt Petition under Sec. 10 of the Contempt of Courts Act, 1971 seeks detention of the Respondent in a civil prison, for wilful disobedience of order dtd. 8/7/2019 passed by the Judicial Magistrate First Class at Mapusa in Criminal Case No. 27/DVA/2019/E, directing the Respondent to pay a sum of Rs.30,000.00 per month from the date of the order, as interim monetary relief to the Petitioner, under Sec. 23 of the Protection of Women from Domestic Violence Act, 2005. The contempt petition also seeks to invoke the provisions of Order 39 Rule 11 CPC to strike off the defence of the Respondent in the pending DVA case, that is to strike off reply dtd. 13/12/2019 in Criminal Case No. 27/DVA/2019/E.

(3.) The main contention of the Petitioner is that though the Magistrate has directed the Respondent to pay a monthly maintenance to the Petitioner of Rs.30,000.00, and this order has attained finality, the Respondent has till date deposited or paid only an amount of Rs.9,21,000.00 and there is an outstanding amount yet to be paid by the Respondent to the Petitioner of Rs.12,69,000.00. That though the Petitioner has sought enforcement of the aforesaid order before the Magistrate, the Magistrate is unable to enforce its own order due to the recalcitrant attitude of the Respondent, hence she has approached this Court with the present contempt petition, claiming that the Respondent is in contempt of the order of the Magistrate dtd. 8/7/2019 by persistently and wilfully disobeying this order.