MR.PRAKASH KUMAR SINGHEE Vs. MS.AMRAPALI SINGHEE

JUDGEMENT

(1.) The present Writ Petition is filed by the petitioner- husband, challenging order passed by the Family Court, Pune below Exh.20 in Petition B. No.2/2013, thereby directing the petitioner to pay maintenance of Rs.2 lakhs to the wife under Section 20 of the Protection of Women from Domestic Violence Act , 2005 from the date of application till the decision of the petition.

(2.) Contempt Petition No.459 of 2017 is taken out by the wife alleging non-compliance of the said order passed by the Family Court and praying for appropriate directions to the husband to comply with the said order.

(3.) The brief chronology of the facts leading to the filing of present petitions is culled out below. The petitioner and respondent were married on 11.07.1997 as per Hindu rites and Customs. At the relevant time the petitioner was living in Houston, Texas, USA and the parties resided there till 2004. Out of the said wedlock, two children were born on 15.11.1998 and 20.01.2004. At present the daughter is studying in USA and the son is staying with the wife. The case of the petitioner-husband is that the respondent-wife lost interest in married life and she took away the children from their joint custody. The respondent-wife instituted the Petition B No.2/2013 invoking Section 34 , 37(2) , 38 and 39 of the Specific Relief Act before the Family Court, Pune. In the said proceedings, the respondent-wife prayed for a restrain order against the husband removing son Aryaman from the custody of the petitioner-husband and also from meeting his son Aryaman out of Pune. Exh.5 came to be filed in the said Court praying for temporary injunction and the Family Court-I, Pune on 24.01.2013 issued temporary injunction against husband directing not to remove child from the custody of the wife until further orders.