Order 1

Order Details: Order Below EX 1
Pdf Text: C. C. No. 1704 Misc 2024 Sheeba Vs Waseem
CNR No.MHMM18-008349-2024
ORDER BELOW EXH.1
1. The respondent Mr. Waseem Ahmed Mansoori, present before
court with Ld. Advocate Shri. Mohd. Yusuf. The applicant and her
advocate also present. Till date i.e. upto the month of July 2024, an
amount of Rs.1,08,700/-, is due towards payment of interim maintenance.
2. Despite repeated understandings given to respondent and request is
made by his own advocate, he is not ready to pay a single rupee. The
understanding about possible consequences also made him understood.
But behavior of the respondent is such that he flatly refused any payment
and it is submitted that he is ready to face consequences. Thus, this is
willful default and there remained no option for this court to send the
respondent to jail.
3. Heard both the sides. No effective submissions forwarded to
consider any leniency. Only submissions made is that he is poor and
jobless. He have no money to pay. None of the reasons assigned by him
are justifiable. As despite giving opportunity and time respondent paid
nothing as discussed above. Therefore, the respondent needs to be sent to
jail to suffer imprisonment for default of payment of arrears of
maintenance.
4. In view of Section 28 of Protection of Women from Domestic
Violence Act, 2005, for short D. V. Act, the provisions of Code of
Criminal Procedure, needs to be applied. The law in respect of
punishment for default of payment of arrears of maintenance is now
settled. For each months default, the respondent/defaulter needs to be sent
to suffer sentence of simple imprisonment for a month. But such
collective sentence should not exceed one year. Therefore, for whole
amount the respondent Mr. Waseem Ahmed Mansoori, needs to be
sentenced to suffer simple imprisonment for one year for whole amount
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C. C. No. 1704 Misc 2024 Sheeba Vs Waseem
CNR No.MHMM18-008349-2024
Rs.1,08,700/-. It also needs to be clarified that as soon as he deposits the
said amount, he needs to be released. Accordingly, following order -
ORDER
a. Respondent Mr. Waseem Ahmed Mansoori, Age 35 years, R/o.
Room No.5, Line No.Q, Plot No.39, Shivaji Nagar, Govandi, Mumbai, is
sentenced to suffer simple imprisonment for one year for default of
payment of arrears of maintenance of Rs.1,08,700/- (Rupees One Lac
Eight Thousand and Seven Hundred only).
b. He shall be released from jail as soon as he deposits the amount
before completion of sentence.
c. Issue jail warrant accordingly. Copy of this order shall be given
free of cost to the respondent Mr. Waseem Ahmed Mansoori.
MUMBAI (KOMALSING RAJPUT)
DATE – 29.08.2024 J.M.F.C., 12TH COURT, BANDRA, MUMBAI
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