Court On Its Own Motion v. Vivek Eknath Ubarhande

smcp5.24.odt 1/3

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR.

SUO MOTO CONTEMPT PETITION No.05 OF 2024 IN WRIT PETITION No.8437 OF 2022 (Court on it's own motion Vs. Vivek Eknath Ubarhande) __________________________________________________________________________ Office Notes, Office Memoramda of Coram, appearances, Court's orders of directions Court's or Judge's orders.

and Registrar's Orders.

Ms. Deepali Sapkal, AGP for petitioner.

Mr. S.D. Deoras, Advocate for respondent.

C ORAM : ANIL L. PANSARE, J.

D ATE : 8 th MAY, 2024.

1.

On previous date following order was passed : "

Heard.

2.

Vide order dated 8/9/2023 this Court has directed the Respondent - husband to deposit the arrears of maintenance awarded in the proceedings filed by the Petitioner ag ainst the Respondent under Section 24 of the Hindu Marriage Act, 1955.

3.

The learned Counsel for Petitioner states that the court below, vide order dated 29/7/2022, directed the Respondent to pay Rs. 4000/- per month as interim maintenance in the proceedings filed by the Respondent against the Petitioner for restitution of conjugal rights under the provisions of Hindu Marriage Act. The Respondent has not paid a single pie.

4.

This Court has also directed the Respondent to pay arrears of maintenance, as directed by the

smcp5.24.odt 2/3 court below, in the proceedings filed by the Respondent against the Petitioner for restitution of conjugal rights in terms of the provisions under the Hindu Marriage Act. The Respondent was directed to pay monthly maintenance of Rs. 2000/-. The order was passed on 5/4/2022. The Respondent is said to have paid nothing after passing order dated 8/9/2023 by this Court.

5.

The learned Counsel for Respondent submits that he will take instructions and further shall instruct the Respondent to deposit entire arrears of maintenance within fifteen days from today.

6.

The Respondent may deposit the amount within fifteen days from today, but will also remain present before the Court to answer as to why should proceedings under the provisions of Contempt of Courts Act, 1971 be not initiated for alleged wilful disobedience of the Court's order.

7.

This order be registered as Suo Motu Contempt Petition.

8.

List the Suo Motu Contempt Petition on 8th May, 2024."

2.

In response, the respondent is present. He has deposited the amount of arrears of maintenance. He further assures that he will continue to deposit amount of maintenance as ordered by the Court.

3.

The counsel for petitioner submits that the respondent has deposited Rs.30,000/- less than as ordered by the Court. The status is disputed by the counsel for respondent. He submits that Rs.42,000/- was deposited

smcp5.24.odt 3/3 earlier and now the respondent has deposited Rs.1,57,000/-.

4.

He further submits that if at all there is any dispute that would be sorted out and the remaining amount will be paid within two months from today. 5.

In view of above and on the basis of assurance, the suo-motu contempt petition stands dropped. (ANIL L. PANSARE, J.) Wadode Signed by: Mr. Devendra Wadode Designation: PA To Honourable Judge Date: 08/05/2024 18:57:49