Sheela Surendrakumar Mourya v. Surendrakumar L. Mourya

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION INTERIM APPLICATION NO. 2242 OF 2022 IN FAMILY COURT APPEAL NO. 97 OF 2015 Sheela Surendrakumar Maurya .. Applicant In the matter between Surendrakumar L Maurya ... Appellant / Orig. Petitioner

Versus

Sheela Surendrakumar Maurya .. Respondent ******* Mr. Reshant Shah i/b M/s Lex Consiller for the Appellant. ******* CORAM: A. A. SAYED & ABHAY AHUJA, JJ.

DATE : 12th APRIL 2022 P.C. :- 1.

Learned Counsel for the Applicant-wife is not present. 2.

The Applicant-wife has sought action for contempt against the Appellant-husband alleging breach of order dated 22nd June 2017 in Civil Application No. 170 of 2016. By the said order, the Appellant-husband is directed to pay maintenance of Rs. 10,000/- per month to the Applicant-wife and maintenance of the flat in which the Applicant-wife is residing. 1/3

3.

Learned Counsel for the Appellant-husband candidly states that the monthly maintenance of Rs. 10,000/- and maintenance and taxes of the flat has been paid only upto March 2019. Learned Counsel for the Appellant-husband states that the Appellant-husband is a Dentist by profession and had suffered financially because of pandemic. The learned Counsel submits that the Respondent-husband is ready and willing to pay the amount as directed by the order dated 22nd June 2017. The learned Counsel has pointed out the averments in the Affidavit-in-Reply of the Appellant-husband wherein he has made grievances in respect of the conduct of the Applicant-wife. 4.

Having heard learned Counsel for the Appellant-husband, we pass the following order.

ORDER

(i) We direct the Appellant-husband to clear the arrears of maintenance of Rs. 10,000/- per month and maintenance of the flat and taxes of the flat payable to the Applicantwife as directed by order dated 22nd June 2017 in 4 equal monthly installments. The 2/3

Appellant-husband shall henceforth pay the amounts as directed by order dated 22nd June 2017 regularly to the Applicant-wife.

(ii) The Advocate for the Applicant-wife shall communicate details of the bank account of the Applicant-wife to the Advocate for the Appellant-husband.

(iii) The Appellant-husband shall pay the amounts as directed by the order dated 22nd June 2017 directly in the bank account of the Applicant-wife by RTGS/NEFT on or before 10th day of each month.

(iv) This order shall be communicated by the Advocate for Appellant-husband to the Advocate for the Applicant-wife.

5.

The Interim Application to stand disposed of in the aforesaid terms. In the event of non-compliance of this order by the Appellant-husband and if the Applicant-wife is required to approach the Court again for non-compliance, the Court may be inclined to take a serious view of the matter. Digitally signed by YUGANDHARA SHARAD PATIL Date:

2022.04.21 15:38:03 +0530 YUGANDHARA SHARAD PATIL (ABHAY AHUJA, J.) (A. A. SAYED, J.) 3/3