Highlighting that orders of the court cannot be willfully ignored, the Family Court has directed a husband to clear outstanding interim maintenance arrears amounting to ₹98,05,000/-, failing which a warrant of arrest will be issued to confine him to civil imprisonment.
The order came during the hearing of an execution petition filed by the wife, who sought the enforcement of a prior interim maintenance order.
Advocate Mr. Rahul Jagannathan, appearing on behalf of the wife, forcefully argued that the husband was in deliberate and contemptuous violation of the court’s directives. He raised the following key contentions:
- Willful Neglect of Court Orders: The husband has deliberately and willfully neglected to comply with the maintenance orders passed by the Family Court.
- Affirmation by Apex Court: The interim maintenance order in question was already tested and upheld by the Hon’ble Supreme Court of India.
- Sufficient Means, Deliberate Non-Compliance: Despite possessing sufficient financial funds and resources to clear the mounting arrears, the husband has intentionally refused to pay, showing a flagrant disregard for the judicial process.
- Statutory Sanctions: In light of the continuous non-compliance, a warrant of arrest ought to be issued in accordance with the law to confine the husband to civil imprisonment for a period of 3 months, or until the dues are cleared, as a necessary recourse to ensure justice.
The Court made it clear that if the entire sum of ₹98,05,000/- is not cleared within the stipulated timeframe, the court will proceed with issuing an arrest warrant to commit the husband to civil imprisonment.
