Respondent husband is facing these proceedings instituted by wife for not clearing the arrears of monthly maintenance fixed by the Family Court. This petition has been appearing on Board from time to time. On some occasions, the respondent appears before the Court and on some occasions he choses not to appear. At one stage, he had engaged his advocate Shri Sikander Saiyed. Today however, Shri Saiyed stated that his client has taken away the papers from him instructing him not to appear any further.
In my order dated 30.9.2011, I had after noticing such conduct of the respondent issued bailable warrant to secure his presence. In fact these proceedings arise out of my earlier order dated 20.10.2010 passed in Criminal Misc. Application No. 12747/2010 by which I had released the respondent from custody on certain conditions. It is the grievance of the wife that such conditions are not fulfilled. Through a report obtained from the Family Court, it has come on record that as on January, 2012, the husband was in arrears of Rs.1,33,500/-.
It appears that the Family Court had passed an order by virtue of which the applicant is receiving regular payment of Rs.5000/- every month directly from the employer of the respondent husband namely IFFCO. It appears that the respondent is earning sizable income through such employment.
In facts of the case, therefore, it is directed that the employer of the respondent i.e. IFFCO shall deduct further sum of Rs.5000/- every month from his salary and deposit a total of Rs.10,000/-(which would be inclusive of Rs.5000/- as directed by the Family Court towards monthly maintenance payable to wife) before the Family Court. This further deduction of Rs.5000/- would be appropriated towards the arrears of maintenance of the wife.
S.O.
to 5.10.2012.
A certified copy of this order may be made available to the applicant for service to IFFCO.
(Akil Kureshi,J.) (raghu) Top