Delhi High Court Sentences Business Tycoon’s Son To 3 Months Prison For Failure To Pay Maintenance To Ex-Partner

The Delhi High Court has sentenced a business tycoon’s son to three months in prison for failing to pay maintenance to a woman — who previously alleged that he performed a sham marriage ceremony with her, despite a judicial order recording his undertaking to pay the same.

A division bench of Justice Suresh Kumar and Justice Neena Bansal Krishna also imposed a fine of Rs. 2000 on the man and directed the SHO of Tilak Marg Police Station to issue warrants of arrest against him.

The bench also ordered that a Look Out Circular be issued against the man after his counsel submitted that he was not in India and will not be able to appear in court.

“From the submissions of the learned counsel for the respondent, it is evident that he is not willing to purge the contempt by complying with the orders or to address on the sentence, we hereby sentence him for Simple Imprisonment of three months with fine of Rs. 2,000/-. The SHO, Tilak Marg is directed to issue warrants of arrest against the respondent and shall also get the Look Out circular issued against the respondent,” the court said in an order passed on June 06 which was made available only yesterday.

The bench was hearing a plea moved by the woman alleging contempt of court by the man for failing to comply with an order passed by a coordinate bench on June 01.

She told the bench that on June 01, a court had recorded a categorical undertaking and assurance made by him, who appeared through video-conferencing, that he will make outstanding payment of rent and maintenance for the month of May within 24 hours and for June before June 07.

The court had also recorded his undertaking that he shall continue to pay the maintenance amount as he has been doing in the past, on or before the 7th day of each English calendar month.

The woman alleged that the man is habitual in his “disrespect and disdain” for the law and has deliberately violated various judicial orders, including those passed with his consent, undertakings and assurance.

The parties are involved in multiple proceedings, including visitation rights of their four year old minor child and a criminal case filed by the woman alleging that he raped her on the false pretext of marrying her.

A trial court in March had directed the Delhi Police to register an FIR against the man after a case was filed by the woman. However, the order was stayed by the High Court after the man challenged the same.

The matter will now be heard on July 19.

Advocates Shivani Luthra Lohiya and Asmita Narula appeared for the woman.

Title: KD v. VS

Citation: 2023 LiveLaw (Del) 579

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