Man in spot for delay in paying alimony
MUMBAI: An errant husband, who failed to pay maintenance to his estranged wife in time and also skipped many court hearings, has attracted Bombay high court's ire.
A division bench of Justice V C Daga and Justice R G Ketkar issued a non-bailable warrant (NBW) against the husband, a resident of Noida last week. The court has summoned him on February 7. If he fails to attend the court the husband faces arrest.
The court was hearing an application filed by the wife, a resident of Kerala, seeking maintenance from the husband pending their divorce petition. The couple, married in Mumbai have filed for divorce in Bandra family court.
The court, while issuing the NBW observed: "The appellant wife is appearing in person. She has come all the way from Kerala to attend hearing of this case. On most of the occasions, it is noticed that the husband has remained absent in spite of advance notices. He has been avoiding appearing before this court"
The wife had recently filed an affidavit in the high court stating that she is yet to receive an amount of Rs 3.41 lakhs from her estranged husband towards arrears of maintenance. She also filed an additional affidavit on January 20 and requested the court to deduct 2/3rd of his monthly salary. Considering her request, the court issued a NBW against the husband, which will be served on his office address in Noida by the high court registry. The court also directed the head office of his company in Bangalore to slash 2/3rd of his paycheque. , 'which will be drawn in favour of the Registrar, High Court, Bombay' and payable at Mumbai.
"Looking to the conduct of the husband, who has chosen to remain absent in spite of repeated notices, we are left with no other alternative but to pass this order," said the judges. The advocate representing the husband also sought court's permission to withdraw his name from the case, as his client was not co-operating with him. The court declined his request and posted the matter for hearing on February 7.
