Matrimonial court can stay proceeding if Husband fails pay interim maintainance
The learned Matrimonial Court, it appears, laboured under wrong impression that he lacks jurisdiction in the matter of enforcement of the order in the nature of interim alimony. He has completely forgotten the very purpose of section 151 of the Civil Procedure Code. A Court can, in exercise of its powers under section 151 of the Civil Procedure Code, pass an order of staying the petition of divorce if it is found that the husband deliberately and contumaciously flouts the order of the Court. There is a power in the Court to make such orders as may be necessary for the ends of justice and to prevent any abuse of process of the Court. The Matrimonial Court, therefore, was under duty to invoke the inherent powers under section 151 of the Civil Procedure Code and should have compelled the erring husband to deposit whole of the arrears of interim alimony and the expenses of the proceedings in the Court within certain point of time. If in spite of passing of such orders, the party under liability flouts the order deliberately, the Court can stay the petition or the proceedings of divorce if the erring party is a petitioner. Similarly, if the erring party is the respondent, the Court can strike off the defence of such a party if it is found that the respondent is deliberately flouting the orders of the Court.
Bombay High Court
Vanmala W/O Maroti Hatkar vs Maroti Sambhaji Hatkar on 13 April, 1999
Equivalent citations: AIR 1999 Bom 388, 2000 (1) BomCR 114, II (1999) DMC 521
-https://www.lawweb.in/2013/09/matrimonial-court-can-stay-proceeding.html
