Smt. Priti Alias Manju Bunti Chug v. Bunti Shankar Chug

JAYARAJAN ANJAKULATH NAIR Date: 2021.12.04 17:49:16 +0530 JAYARAJAN ANJAKULATH NAIR 1/2 10 CP-426.21.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CONTEMPT PETITION NO.426 OF 2021 Priti @ Manju Bunti Chug ..

Petitioner Vs.

Bunti Shankar Chug.

..

Respondent ...

Ms. Minal Chandnani i/b Jaiwant S. Chandnani Associates for the petitioner.

...

CORAM

: SMT. BHARATI DANGRE, J.

DATED : 04TH DECEMBER, 2021.

P.C:- 1.

The contempt petition is filed alleging breach of an order dated 20/01/2021 which is based on a direction issued by the Hon'ble Apex Court on 01/10/2020, under which the order of maintenance was modified but directing it to come into effect from 01/01/2021 and the petitioner was directed to clear all the arrears of maintenance as per the said order. AJN

2/2 10 CP-426.21.odt 2.

When the first appeal was listed before this court on 20/01/2021, the statement of the appellant-husband was accepted that upto December, 2020, the maintenance amount has been paid to the wife. The statement made to the effect that even the maintenance amount of January, 2021 has been paid before 07/01/2021 was also accepted. Learned counsel for the petitioner, however, states that the said statement is a blatant lie and she states that the appellant is still in arrears of maintenance. 3.

The course open to her is to take out proceedings for making a false statement and it cannot be said that action under the Contempt of Courts can be brought because, the court has not passed any order but merely accepted the statement came from the appellant-husband pursuant to the direction issued by the Hon'ble Apex Court. Reserving the liberty to take out appropriate proceedings, the petition is dismissed. [SMT. BHARATI DANGRE, J.] AJN