November 26, 2021 10:47:33 am
The Delhi High Court has sentenced a man to simple imprisonment of three months and imposed a cost of Rs 2,000 on him after ruling that he has “tried to act over smart” with the court by concealing his true income and expenditure, in defiance of court orders directing him to disclose the same. The order was passed on a contempt petition filed by the man’s wife in connection with the payment of maintenance by him.
“He has not come clean despite the grant of repeated opportunities. His conduct shows that he is defiantly disobeying the orders of the court despite being called upon to comply with them repeatedly,” said the division bench of Justices Vipin Sanghi and Jasmeet Singh, adding that the cost of Rs 2,000 would not meet the ends of justice and a sentence of imprisonment is necessary considering the arrears owed by him are far in excess.
However, the court said in the order passed on Thursday that in case the man, who is the proprietor of a private company, exhibits his apology by complying with the orders passed by the family court and high court, makes payment of arrears in maintenance within two weeks, further undertakes to continue to pay the same during the pendency of the divorce proceedings and also tenders an unconditional apology to the court, it shall consider recalling the sentence.
“However, in case he does not comply with this direction in the next two weeks, he is directed to surrender before the Jail Superintendent, Central Jail, Tihar, New Delhi, on 09.12.2021,” said the division bench.
The court said the man has chosen not to pay even a penny to his wife and has stubbornly refused to comply with the orders on maintenance on a “completely false premise” of his poor finances.
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