Gauhati High Court
X vs In Re- Biswajit Das on 4 October, 2023
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GAHC010163022023
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : Cont.Cas(C)(Suo Moto)/2/2023
X
X
VERSUS
IN RE- BISWAJIT DAS
S/O NIKHIL DAS, PANDU, NEW COLONY, PORT ROAD, NEAR KALI
MANDIR, P.O.-PANDU, MALIGAON, GUWAHATI-781012
Advocate for the Petitioner : MRS. S SARMA (SC, GHC)
Advocate for the Respondent :
Linked Case : Mat.App./4/2020
SRI BISWAJIT DAS @ PAPU DAS
S/O- SRI NIKHIL DAS
R/O- PANDU
NEW COLONY
PORT ROAD
NEAR KALIMANDIR
P.O. PANDU
MALIGAON
GUWAHATI- 781012
DIST.- KAMRUP(M)
ASSAM
Page No.# 2/5
VERSUS
SMTI. SUSMITA DUTTA @ SUSMITA DAS
W/O- SRI BISWAJIT DAS
D/O- DULAL DUTTA
R/O- WEST KAMAKHYA COLONY HILL SIDE
PANDU
MALIGAON
GUWAHATI- 781012
DIST.- KAMRUP(M)
ASSAM.
------------
Advocate for : MR. S NATH
Advocate for : MR. S K AGARWAL appearing for SMTI. SUSMITA DUTTA @
SUSMITA DAS
BEFORE
HONOURABLE MR. JUSTICE MICHAEL ZOTHANKHUMA
HONOURABLE MRS. JUSTICE MITALI THAKURIA
ORDER
04.10.2023
(M. Zothankhuma, J)
Heard Mrs. S. Sarma, learned standing counsel for the Gauhati High Court.
Mr. S. Nath, learned counsel appears for the respondent/contemnor.
2. This suo moto contempt has been registered in view of the respondent not
having complied with the Order dated 27.06.2023, passed by this Court in Mat.
App. 4/2020. The issue is with regard to non-payment of the arrear amount of
Rs. 63,000/- by the respondent to his wife as monthly maintenance, in terms of
the Judgment dated 16.07.2019, passed by the learned Principal Judge, Family
Court-II, Kamrup (Metro) in FC(Civil) Case No. 1007/2017.
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3. This Court vide Order dated 27.06.2023 passed in Mat. App. No. 4/2020
had directed that the respondent to pay Rs.30,000/- out of the arrear amount of
Rs. 63,000/- on or before 21.07.2023 and the remaining balance amount of
Rs.30,000/- was thereafter to be paid on or before 21.08.2023.
4. The respondent, who appeared in person on 26.07.2023 submitted that he
was in dire financial position, and as his earnings were not enough to comply
with the Order dated 27.06.2023 passed in Mat. App. No. 4/2020, he prayed
that he may be allowed to pay the arrear amount of Rs. 63,000/- within
November, 2023, in addition to the maintenance amount of Rs. 3,000/- to be
paid by him every month. His proposal to pay the arrear maintenance in
installments was allowed as follows:- Rs. 10,000/- by July, 2023. Thereafter, Rs.
15,000/- was to be paid by 30.08.2023, Rs. 15,000/- by 30.09.2023, Rs.
12,000/- by 30.10.2023 and the balance of Rs. 11,000/- by 30.11.2023.
5. This Court, vide Order dated 26.07.2023, accordingly directed that the
said installments should be paid by the respondent in the account of his ex-wife
along with the current maintenance amount of Rs. 3,000/- per month.
Thereafter, on payment of each installment, the respondent was to file a
compliance statement in this contempt case.
6. Subsequent to the Order dated 26.07.2023, the respondent/contemnor
submitted a statement of payment made to the Family Court. On perusal of the
statement of payment made, we found that the respondent/contemnor did not
pay the arrear maintenance amount of Rs. 15,000/- for the month ending
30.08.2023 and Rs. 15,000/- for month ending 30.09.2023. This Court called for
the appearance of the respondent/contemnor on 27.09.2023, wherein the
respondent/contemnor stated that he would pay the arrear amount as
stipulated in the Order dated 26.07.2023 in September, 2023 itself. As such, this
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case has been listed today.
7. Mr. S. Nath, learned counsel for the respondent /contemnor submits that
no communication has been received by him from the respondent/contemnor,
with regard to whether he has paid the arrear maintenance amount as
stipulated in the Order dated 26.07.2023.
8. Mr. A.M. Sarma, learned counsel appearing for the ex-wife of the
respondent in Mat.App. No. 4/2020 submits that no payment has been made by
the respondent/contemnor, subsequent to the Order dated 27.09.2023.
9. On considering the various orders passed by this Court and the behavior of
the respondent/contemnor, we find that the respondent/contemnor has
intentionally not acted upon the schedule of payment that was made as per his
own proposal and recorded in the Order dated 26.07.2023. As such, we find the
respondent Biswajit Das in contempt of the Order dated 26.07.2023. We are of
the considered view that the respondent/contemnor should thus be sent to civil
prison for a period of 1 (one) month for committing contempt of Court.
10. The Registry shall accordingly issue necessary order and instructions for
the incarceration of the respondent/ contemnor in civil prison for a period of 1
(one) month, by directing the concerned CJM to issue necessary custody
warrant for putting the respondent/contemnor in a civil prison for 1 (one)
month. However, in the event the respondent/contemnor pays the arrear
maintenance amount in installments as provided in the Order dated 26.07.2023,
the respondent/contemnor will be at liberty to approach this Court, to re-
consider the order passed today.
11. The Contempt Case is accordingly closed. A report on the steps taken will
then be placed by the Registry and the concerned CJM in the case record of
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Mat. App. No. 4/2020.
[ JUDGE JUDGE
Comparing Assistant
