Bombay High Court sends man to civil prison for not paying maintenance to wife, kids

The Bombay High Court recently sentenced a doctor to six months in civil prison for repeatedly refusing to pay maintenance to his wife and two children despite multiple court orders. [Dr Sangita Ganvir v Dr Manish Ganvir].The Court found Dr. Manish Ganvir guilty of willfully disobeying a series of directives, causing prolonged hardships to his family.A Bench of Justices GS Kulkarni and Advait M Sethna sharply criticized the doctor’s conduct, stating, “The contemnor has no respect for the rule of law, he has no regard to the orders passed by this Court.” The court expressed its displeasure over the doctor’s attempts to avoid compliance. “The contemnor not only had least regard to the orders passed by this Court, but also, a reasonable fair and natural concern to maintain the respondent (wife) and his own daughters was wholly lacking and deliberately neglected,” the Bench said..The case stemmed from an ongoing marital dispute between a couple who got married in 2002. The couple has been in conflict since 2009, with the husband filing a divorce petition in 2009, which was dismissed by a family court in 2015. Despite the dismissal of the divorce petition, the issue of maintenance remained unresolved. In 2019, the Bombay High Court directed the husband to pay ₹35,000 per month in maintenance to his wife and two daughters. However, the husband repeatedly failed to comply with this order, prompting the wife to file a contempt of court petition in July 2019.Over the years, the husband made numerous attempts to evade service of the court's notice. Despite the bailiff's reports indicating that he was deliberately avoiding the proceedings, the husband continued to file appeals and review petitions, including at the Supreme Court, all of which were dismissed. His actions prompted the High Court to take coercive measures, including issuing bailable warrants and ordering personal service, but he still refused to comply..The Court’s frustration was evident as it noted that the husband did not have any intention to comply with the orders and had shown a consistent pattern of deliberate non-compliance. “The contemnor appears to be quite habitual and well-versed in avoiding the process of law,” the Court noted. The bench further criticized his lack of concern for the well-being of his wife and daughters, remarking that the family had endured six years of hardship due to his refusal to meet his legal and moral obligations."This is a gross case wherein for six years, the contemnor in every possible manner has avoided to comply the orders of the Court. The solemnity of the Court orders clearly reflects the need for human survival of the petitioner-wife along with two daughters, who were required to survive in a respectable manner. However, the contemnor in his dispute with the petitioner has completely lost consciousness to these basic human aspects," the Bench noted..In defense, the husband’s counsel argued that the maintenance amount was too high and that there were valid reasons for his inability to comply. However, the Court rejected these arguments, emphasizing that the maintenance order had attained finality after being upheld in various proceedings, including at the Supreme Court. The Bench made it clear that the husband’s repeated failure to comply with the court’s directives was an act of 'open defiance'With no sympathy for the husband's actions, the Court ordered him to be detained in civil prison for six months, noting that such blatant disregard for the rule of law could not go unpunished.The husband, who was present in the court during the hearing, was immediately ordered to surrender at the High Court Police Station and be taken into custody..Advocate RV Sankpal along with advocate Chanchal Singh instructed by RV Sankpal & Associates appeared for the petitioner-wife.Advocate C Joshi along with advocate Tanvi Nimbalkar along with advocate Bhushan Joshi appeared for the husband. .[Read Order]