Gujrat HC: 140 days jail to husband for 14 months of arrears of maintenance
CR.MA/1040/2011 3/3 ORDER
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL MISC.APPLICATION No. 1040 of 2011
SPECIAL CRIMINAL APPLICATION No. 2065 of 2010
JAVIDBHAI AKBARBHAI AJMERI – Applicant(s)
STATE OF GUJARAT & 1 – Respondent(s)
========================================================= Appearance :
MS BENAZIR M HAKIM for Applicant(s) : 1,MR MA SAIYAD for Applicant(s) : 1,
MR DC SEJPAL, APP for Respondent(s) : 1, MRS NASRIN N SHAIKH for Respondent(s) : 2, =========================================================
HONOURABLE MR.JUSTICE AKIL KURESHI
Date : 28/01/2011
1. Rule. Learned APP Mr. Sejpal waives service of rule for respondent State.
2. Petitioner is husband of respondent no.2. He has been taken in custody for nonpayment of maintenance. By an order dated 11.1.2011 passed by the Family Court, Rajkot, he is ordered to undergo imprisonment for 140 days for 14 months of arrears.
3. Counsel for the petitioner submitted that petitioner could not pay the amount because of acute financial difficulties. He however, intends to clear all arrears including arrears arising subsequent to the Family Court passed the order. She pointed out that as of now the petitioner is in arrears of approximately Rs.75,000/- of maintenance. She prayed for a reasonable time for clearing the arrears looking to the weak financial condition of the petitioner.
4. Learned advocates drew my attention to order dated 17.1.2011 passed by this Court in Special Criminal Application No.2065/2010 which was passed in husband’s petition for reduction in maintenance. While not interfering with order of maintenance passed by the Family Court, petitioner was granted time upto 31.3.2011 to clear all arrears. This order however, was passed unmindful of the fact that petitioner is already taken in custody pursuant to the order passed by the Family Court on 11.1.2011, since this development was not known to the learned advocates also.
5. Under the circumstances, the petition is disposed of with following directions :
i. The petitioner shall deposit with the Family Court a sum of Rs.10,000/- latest by 10.2.2011.
ii. The petitioner shall deposit further sum of Rs.25,500/- with the Family Court latest by 15.4.2011.
iii. Remaining amount of arrears of maintenance shall be deposited with the Family Court latest by 31.7.2011. iv. On condition that petitioner shall abide by the above time frame of payments, he is ordered to be released forthwith from custody, pursuant to order dated 11.1.2011 which order in effect shall be kept in abeyance.
v. In case the petitioner makes default in depositing the amounts, on an application filed by wife before the Family Court, it would be open for the the Family Court to issue directions for taking him back in jail.
vi. As and when amounts are deposited before the Family Court, same will be disbursed in favour of wife without waiting for no objection from the petitioner or his advocate. These directions shall be effective in supersession of time limit granted in order dated 17.1.2011 in Special Criminal Application No.2065/2010.
At this stage in view of above-formula provided, legality of order dated 11.1.2011 is not gone into.
It is expected that petitioner shall continue to pay prospective monthly maintenance regularly.
Rule made absolute accordingly.