ATUL ARUN GONEL Vs. PRIYA ATUL GONEL
LAWS(SC)-2020-5-42
SUPREME COURT OF INDIA
Decided on May 19,2020

Atul Arun Gonel Appellant
VERSUS
Priya Atul Gonel Respondents

JUDGEMENT

- (1.)In this Statutory appeal, exception is taken to the order dated 11.10.2019 passed by the High Court of Judicature at Bombay in Contempt Petition No. 507 of 2018.
(2.)In proceedings initiated by the husband seeking divorce under Section 13(1)(ia) of the Hindu Marriage Act, 1955, an interim prayer for maintenance made by the wife was granted by the Family Court. Later, by order dated 31.10.2017 passed by the Family Court, the marriage was dissolved which order is presently pending appeal in the High Court. At the interim stage, the High Court by order dated 19.7.2018, directed as under:
"a) Civil Application is allowed in terms of prayer clauses (a), (b) and (c) which read thus:-

"a) Direct Respondent to pay interim maintenance of Rs. 15,000/- per month to the Applicant in the interest of justice.

b) Direct Respondent to pay interim maintenance of Rs.10,000/- per month to each son in the interest of justice.

c) Direct Respondent to pay interim maintenance of Rs.8,000/- per month towards house rent for Applicant and two sons in the interest of justice."

8. List the Family Court Appeal No.56 of 2018 for directions on 21st November, 2018 before this Court to peruse the Police Report."

(3.)Because of the failure on part of the husband to pay the amount of maintenance as directed, Contempt Petition No. 507 of 2018 was filed by the wife. During the course of those proceedings an Undertaking was given by the husband which was recorded in the order dated 26.06.2019 by the High Court. The order records that the husband admitted that an amount of Rs.4.73 lakhs was due and payable as per the orders of maintenance passed by the Family Court. The Undertaking given by the husband was recorded as under:-
"He undertakes to pay an amount of Rs.2 lakhs to the petitioner by way of Demand Draft as follows:

(i) Rs. 1 lakh on or before 10th July, 2019.

(ii) Rs. l lakh on or before 24th July, 2019."

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