MAMATA CHATURBHUJ RIJHWANI Vs. CHATURBHUJ

JUDGEMENT

(1.) The petitioners are the respondents in First Appeal No.1689 of 2003. They filed this Contempt Petition under the Contempt of Courts Act, 1971 for bringing it to the notice of this Court that the respondent-contemnor has willfully disobeyed order dated 28th November, 2006 passed in Civil Application No.4720 of 2003 in First Appeal No.1689 of 2003.

(2.) The First Appeal is preferred by the contemnor for challenging the Judgment and Decree dated 16th September, 2007 passed by the learned Civil Judge Senior Division at Nashik. The 1st petitioner married to the respondent-contemnor on 2nd August, 1988. The 2nd petitioner is the son of the 1st petitioner and the contemnor. The petitioners filed a suit for maintenance under Section 18 of the Hindu Adoption and Maintenance Act, 1956. The suit was contested by the respondent-contemnor. By the impugned Judgment and Decree, the respondent-contemnor was directed to pay monthly maintenance to the 1st petitioner at the rate of Rs.7,000/- per month from the date of the Decree during her life time or till she remarries. The respondent-contemnor was also directed to pay monthly maintenance of Rs.7,000/- to the 2nd petitioner till the date on which he attains majority. The Appeal has been admitted for final hearing.

(3.) Application for grant of stay made by the contemnor being Civil Application No.4720 of 2003 was placed before this Court on 28th November, 2006. The said application was disposed of by directing that the contemnor shall deposit 50% of the arrears payable as per the impugned Decree from November, 2004 till October, 2006 with the Trial Court within a period of eight weeks from that date and remaining 50% amount within eight weeks from expiry of the said period of eight weeks. The respondent-contemnor was directed to deposit monthly maintenance as per the Decree with the Trial Court.