Attach man’s property for not paying maintenance: HC

  • Sonam Saigal, Hindustan Times, Mumbai
  • Updated: Sep 28, 2015 19:50 IST

After failing to pay maintenance to his former wife, the Bombay high court (HC) on Wednesday ordered that the man’s property in Mumbai be attached. It also asked for a bailable warrant to be issued against his father.

A division bench of justice VM Kanade and justice Dr Shalini Phansalkar Joshi pronounced the order while hearing a woman’s contempt petition filed against her former husband and his father.

In 2001, the woman, then 25 years old, had agreed to marry a top-notch engineer in an arranged set-up and settle in Canada. After seven years of marriage and two miscarriages, she delivered a boy in 2008.

Thereafter, she came down to India and has been here ever since as her Canadian ‘permanent residentship’ expired and her husband refused to pay for its renewal.

Back in India, her in-laws deserted her and did not allow her to stay with them. In the meantime, the husband had got an exparte divorce decree from a Canadian court in 2011 and got re-married.

After coming to terms with the divorce, the woman filed for maintenance for her and her child at a family court. In 2013, the family court ordered the man to pay Rs1 lakh for both. The order was challenged by the man in the Bombay HC and the amount got reduced to Rs50,000 for the woman and Rs20, 000 for the son. In December 2014, the court had ordered the man to deposit 50% of the amount as arrears. He did not comply with the order and the woman filed a contempt petition against him and his father in the high court.

The house in which the man’s parents presently live is in the name of his father, even though the loan is being paid by the man and it belongs to both. The bench has ordered the house to be attached, as there is an apprehension that the parents might also go abroad. The court has also ordered no third-party rights shall be created by them and asked the woman to take steps to challenge an order earlier passed by a Canadian court.

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