Delhi High Court has sentenced a man to three months in prison for acting ‘over smart’ with the court by concealing his true income with an intent to evade compliance of a Family Court’s order asking him to pay maintenance to his estranged wife.
He was directed to pay Rs 35,000 per month interim maintenance to his wife till the divorce case was settled.
“The conduct of the respondent shows that he has tried to act oversmart with the court by concealing his true income and expenditure, and the channels into which his incomes are flowing, and the manner in which they have been utilised,” noted the High Court bench comprising Justice Vipin Sanghi and Justice Jasmeet Singh.
The estranged wife had filed a contempt petition against the husband after he failed to comply with a December 2020 order by the Family Court. He was given several opportunities to comply with the orders.
While hearing the contempt petition, the bench noted that the man was guilty of intentionally and deliberately violating and not complying with the order passed by the Family Court and the High Court.
“If such action is permitted, it will lead to anarchy and the rule of law would become a casualty. The orders of the courts would be taken lightly and breached at the own will of the individual concerned,” said the court.
“Mere imposition of a fine would not meet the ends of justice, and that a sentence of imprisonment was necessary considering the fact that the arrears owed by him are far in excess of the fine imposed, and he has deliberately, willfully, intentionally and defiantly disobeyed the directions issued to him,” the court also imposed Rs 2,000 penalty on the man.