Bombay HC Sentences Doctor To 6-Month Civil Prison For Repeatedly Defying Maintenance Orders For Wife, Daughters

Mumbai: The Bombay High Court has sentenced a doctor to six months in civil prison for repeatedly refusing to pay maintenance to his wife and two daughters despite multiple court orders.

A bench of Justices Girish Kulkarni and Advait Sethna found the doctor guilty of willfully disobeying directives, causing prolonged hardship to his family. The court condemned his conduct, stating: “The contemnor has no respect for the rule of law, he has no regard to the orders passed by this Court.”

The case arose from a long-standing marital dispute. Married in 2002, the couple has been estranged since 2009, when the husband filed for divorce. The family court dismissed his petition in 2015, but the issue of maintenance remained unresolved.

In 2019, the Bombay High Court ordered him to pay Rs 35,000 per month to his wife and daughters. However, he consistently failed to comply, prompting his wife to file a contempt petition.

Despite multiple notices and court interventions, the doctor made every effort to evade compliance. The court noted that he deliberately avoided receiving legal notices and repeatedly filed appeals, including in the Supreme Court, all of which were dismissed. The High Court issued bailable warrants and took other coercive measures, yet he continued to defy orders.

“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 remarked.

The court highlighted that for six years, the wife and daughters endured hardship due to the husband’s refusal to fulfill his legal and moral obligations.

“This is a gross case wherein for six years, the contemnor in every possible manner has avoided complying with the court’s orders,” the bench stated, emphasizing that his actions disregarded “the need for human survival” of his family.

The husband’s counsel argued that the maintenance amount was excessive and that he had valid reasons for non-compliance. However, the court dismissed these claims, pointing out that the order had attained finality in various legal proceedings, including in the Supreme Court.

Finding his repeated defiance unacceptable, the court ruled that he must be punished. The doctor, who was present in court, was immediately ordered to surrender at the High Court Police Station and be taken into custody.