Interim Order 1

Order Details: Order Below EX 1
Pdf Text: C. C. No. 1765 Misc 2024 Rohini Vs Akshay and ors.
CNR No.MHMM18-009415-2024
ORDER BELOW EXH.1
1. The applicant and her advocate present. The respondent Mr.
Akshay Ramakant Kulaye and his advocate Miss. Shweta Hazari, present
before court. Upto filing of present application i.e. upto the month of July
2024, respondent is in arrears of Rs.3,10,000/-, towards payment of
interim maintenance.
2. Today matter is fixed for payment of the maintenance amount.
Despite repeated understandings given to respondent and despite
understanding given by respondent Mr. Akshay Ramakant Kulaye, he is
not ready to pay a single rupee. Ld. Advocate for the applicant submitted
that further order be passed. Ld. Advocate for the respondent submitted
that respondent is ready for settlement, but for now he is not in a position
to deposit any amount. The applicant is suffering from starvation. There is
a child also, dependent on her. As mentioned above despite giving
understanding about possible consequences, including jail sentence in
default of payment of arrears of maintenance, respondent continued with
his adamant behavior and flatly refused to pay any amount. It leads to
inference that respondent is willfully disobeying the order of payment and
he is ready to face consequences. Being willful default, considering his
conduct before court, there remained no option for this court, but to send
the respondent to jail.
3. Heard both the sides again. No effective submissions forwarded to
consider any leniency. Mere ground of non availability of money is no
justifiable reason as respondent is able bodied person and remained idle
for considerable period of time even after passing of order of interim
maintenance since about seventeen months ago. Therefore, the respondent
needs to be sent to jail to suffer imprisonment for default of payment of
arrears of maintenance.
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C. C. No. 1765 Misc 2024 Rohini Vs Akshay and ors.
CNR No.MHMM18-009415-2024
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. Akshay Kulaye, needs to be sentenced to
suffer simple imprisonment for one year for whole amount Rs.3,10,000/-.
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. Akshay Ramakant Kulaye, Age 32 years, R/o.
606/6A, Aikyadarshan C.H.S., A.G.D. Ambekar Marg, Kalewadi,
Kalachowki, Mumbai, is sentenced to suffer simple imprisonment for one
year for default of payment of arrears of maintenance of Rs.3,10,000/-
(Rupees Three Lacs and Ten Thousand 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. Akshay Ramakant Kulaye.
MUMBAI (KOMALSING RAJPUT)
DATE – 23.10.2024 J.M.F.C., 12TH COURT, BANDRA, MUMBAI
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