Contempt application in hc
Rahul F
(Querist) 22 February 2017
This query is : Resolved
Case so far:
1. Wife filed DV case in 2009
2. Wife in 2010 assaulted my mother; court removed her out of house as applied by me.
3. However wife asked for rent. Lower n then HC allowed RS 7500 rent in 2011.
2. Wife is an MBA & CA and was working as Lecturer in MBA college but left job in 2011 and asked for interim maintenance and rent. Both was granted by trial court and sessions court. Husband paid the same with sincerity.
3. In 2012 husband came to know wife is employed as well as provided free accommodation by organisation. So husband stopped paying rent mad maintenance and filed application requesting court to pass order to discontinue maintenance and rent due to change in circumstances.
4. Meanwhile wife also filed application for strike off defence of husband due to non payment.
Simultaneously also filed contempt petition in HC for non payment of rent against husband in 2013.
5. Strike off defence order passed by session court. Husband filed WP in HC against the same. HC partly allowed appeal in 2015 by passing order to pay 75k and to conclude DV case within 3 mths and to pass orders for recovery of maintenance and rent in conjunction with final order until then no orders regarding maintenance and rent to be made.
6. Divorce granted to husband on the basis of cruelty by wife in 2014.
7. DV case still not completed due to delay tactics used by wife. Meanwhile contempt petition is on hearing in HC and HC has asked husband to comply with order by clearing all pending dues till date or proceedings to be initiated.
8.Wife did not come to court with clean hands by hiding facts of her job and accommodation. She's over educated and over qualified still claims to be jobless. I the husband did not discontinue paying maintenance and rent with malafide intent but with hope of justice being granted.
My question is what approach should be taken to avoid paying the maintenance and rent to wife? As that would be murder of justice in my case. Also, what are my chances of winning the arguments and case in HC contempt case?
krishna mohan
(Expert) 23 February 2017
Your counsel can protect your interest better and give your right advise. What is the advise your counsel?
Rajendra K Goyal
(Expert) 23 February 2017
Maintenance has to be paid as per court orders till ordered otherwise by the competent court.
Rahul F
(Querist) 27 February 2017
Does the later order by high Court would help - where HC mentioned that any decision regarding arrears has to be taken in consonance with Final order of main processing ?
