Husband NOT payng maintnce. Wife runs around 1 year trying japti arrest etc. Nothing happnes! Guj HC

Here is a smart husband who is NOT paying maintenance almost 1 year after the maintenance order in a DV case. Wife runs around 1 year trying japti arrest etc. Nothing happens! She runs to Guj HC who grants more time !!

* looks like there is an order for payment of maintenance
* looks like the husband has NOT paid the maintenance
* So Wife tries Japti, etc but nothing happens for one full year !!
* Wife wants respondents 2 and 3 (probably parents) to produce the husband ! meaning smart husband is NOT even appearing and NOT traceable as well !!
* Wife runs to HC who gets a customary and long reply with all excuses about this lawyer appearing and that one NOT appearing !!
* finally HC gives SOME MORE TIME !!
* and matter back to square 1

IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

SPECIAL CRIMINAL APPLICATION (DIRECTION) NO. 6344 of 2015

**********************************************************
INDUBEN HARISHBHAI CHANDEL & 1….Applicant(s)
Versus
STATE OF GUJARAT & 4….Respondent(s)
**********************************************************
Appearance:
MR SAMIR AFZAL KHAN, ADVOCATE for the Applicant(s) No. 1 – 2
MR HK PATEL, APP for the Respondent(s) No. 1
**********************************************************

CORAM: HONOURABLE MR.JUSTICE J.B.PARDIWALA

Date : 08/12/2015

ORAL ORDER

1 By this writ application under Article 226 of the Constitution of India, the applicants have prayed for the following reliefs:

“6 (A) Be pleased to hold the opponent No:3 & 4 have flouted and not complied with the judgment and order passed by this Hon’ble Court dtd.15/11/2014 in Special Criminal Application No.744 of 2014 and therefore be pleased to direct Res No: 3 viz. Ld. Metropolitan Magistrate’s Court, Court No: 20, Ahmedabad to take stringent actions and thereby passed effective orders either to recover amount from Res No:2 (husband) or else to proceed u/s 31 of Protection of Women From Domestic Violence Act pursuance to recovery applications pending before him in the interest of justice.

(B) Be pleased to direct res nos.:4 & 5 to immediately produce Res No:2 (husband) either before this Hon’ble Court or before the Ld. Metropolitan Magistrate’s Court, Court No.20, Ahmedabad immediately in the interest of justice.

(C) Be pleased to direct the opponent no:2 to deposit the amount of maintenance immediately as the same has been deliberately avoided by the Res No:2 and disobeying judgments and orders of all the courts and thereby be pleased to issue detention order in case of failure of maintenance as provided u/s 31 of PWDV Act;

(D) Be pleased to grant any other and further relief as may be deemed fit in the facts and circumstances of the case;”

2 An explanation was called for from the learned Metropolitan Magistrate, Court No.20, Ahmedabad as to why the order passed by this Court dated 15th September 2014 in the Special Criminal Application No.744 of 2014 had not been complied with. The Additional Chief Metropolitan Magistrate, Court No.20, Ahmedabad has offered its explanation as under:

“With reference in the subject noted above, I have the honour to
submit that:

The present applicant has filed Three applications for recovery of
Maintenance Amount being Crl. Misc. Appl. Nos. 207/10, 208/11,
178/12. These all the three Criminal Misc. Applications are Private
Recovery matter.

1. On 15/12/2014, the learned advocate for the applicant has
submitted an application for Japti warrant and the said warrant was
issued and the matter was adjourned on 30/12/14 for service of
warrant.

2. On 30/12/2014, as I was on leave the matter was adjourned to
05/01/15.

3. On 05/01/15, learned advocate for the applicant remained present,
but as the Japti warrant was not returned served or un­ served the
matter was adjourned to 07/01/15, for service of warrant.

4. On 07/01/15, as the applicant or his advocate did not appeared
before the court, the court has waited for them to appear till 05/40
P.M. and lastly, the matter was adjourned for service for warrant on
09/01/15.

5. On 09/01/15, as the applicant or his advocate did not appeared
before the court, the court has waited for them to appear till 06/00
P.M. and lastly the matter was adjourned for service of Japti warrant
on 17/01/15.

6. On 17/01/15, as the applicant or his advocate did not appeared
before the court, nor produced any report, the court has waited for
them to appear till 05/40 P.M. and lastly the matter was adjourned
for service of Japti warrant on 21/01/15.

7. On 21/01/15, as the applicant or his advocate did not appeared
before the court, the court has waited for them to appear till court
hours, and lastly the matter was adjourned for service of Japti
warrant on 28/01/15.

8. On 28/01/15, applicant did not remained present before the court,
but his advocate appeared before the court. Advocate for the opponent
appeared before the court and filed Vakalatnama and submitted and
application of exemption. On the exemption application of the learned
advocate for the opponent, the learned advocate for applicant has
made an endorsement as “No Objection” and after hearing both the
parties and with the consent of both the advocates the matter was
adjourned on 16/03/15. http://evinayak.tumblr.com/ ;
https://vinayak.wordpress.com/ ; http://fromvinayak.blogspot.com

9. On 16/03/15, as none of the parties were present in the court and
due to reference of Bar Association the matter was adjourned on
26/03/15.

10. On 26/03/15, applicant and his advocates appeared before the
court, and opponent advocate also remained present in the court, and
with both parties consent the matter was adjourned on 27/03/15.

11. On 27/03/15, applicant remained present before the court, but
the advocates for the parties appeared the court at 5/45 P.M. and on
their oral request the matter was adjourned on 08/04/15.

12. On 08/04/15, the applicant did not remain present before the
court, advocates for both the parties are present before the court
and on oral request the matter was adjourned on 16/04/15.

13. On 16/04/15, as I was on leave, the matter was adjourned on
20/04/15.

14. On 20/04/15, either of the parties did not appeared before the
court nor their advocates remained present before the court, as a
result of which the matter was adjourned on 21/04/15.

15. On 21/04/15, either of the parties did not appeared before the
court nor their advocates remained present before the court, as a
result of which the matter was adjourned on 23/04/15.

16. On 23/04/15, either of the parties did not appeared before the
court nor their advocates remained present before the court, as a
result of which the matter was adjourned on 27/04/15.

17. On 27/04/15, applicant and his advocates appeared before the
court, learned advocate for the opponent also remained present before
the court. The learned advocate for the applicant has submitted an
application for warrant of arrest, heard both the parties advocate on
the said application and as the learned advocates for the parties has
orally submitted that compromise talk is being going on between the
parties. So, the matter was adjourned for hearing with his request on
05/05/15.

18. On 05/05/15, either of the parties did not appeared before the
court nor their advocates remained present before the court, as a
result of which the matter was adjourned on 06/05/15 for hearing of
application vide Exh.9.

19. On 06/05/15, applicant and his advocate are present, but the
opponent or his advocate is not present. As per my above order for
issue of warrant, the order of re issue of warrant was passed and the
matter was adjourned on 16/05/15, for service of Japti warrant.

20. On 16/05/15, as I was on leave the matter was adjourned on
22/06/15.

21. On 22/06/15, as I was on leave the matter was adjourned on
29/06/15.

22. On 29/06/15, learned advocate for the applicant appeared before
the court, and heard him regarding the pending application vide
Exh­9, and pass the order of Japti warrant with explanation and with
the consent of the advocate for the applicant the matter was
adjourned on 27/07/15, for service of Japti warrant.

23. On 27/07/15, none of the parties or their advocates are present
nor produced any report the matter is adjourned on 22/08/15 for
service of Japti warrant.

24. On 22/08/15, none of the parties or their advocates are present
nor produced any report the matter is adjourned on 03/10/15 for
service of Japti warrant.

25. On 03/10/15, as I was on leave the matter was adjourned on
17/10/15 for service of Japti warrant.

26. On 17/10/15, as I was on leave the matter was adjourned on
07/12/15 for service of Japti warrant.

27. On 07/12/15, none of the parties or their advocates remain
present before the court and the matter was adjourned on 10/12/15 for
service of Japti warrant.

Thus, the above matters are pending for the reasons mentioned above.”

3 As usual, a stereotype explanation has been offered by the Presiding Officer. One last opportunity is given to the Court concerned to dispose of the Recovery Applications in accordance with law within a period of one month from the date of the receipt of the writ of this order, failing which, this Court may consider taking appropriate action in the matter. http://evinayak.tumblr.com/ ; https://vinayak.wordpress.com/ ; http://fromvinayak.blogspot.com

4 With the above, this petition is disposed of. Direct service is permitted.

(J.B.PARDIWALA, J.)

chandresh

*****************************disclaimer**********************************
This judgment and other similar judgments posted on this blog was / were collected from Judis nic in website and / or other websites of Govt. of India or other internet web sites like worldlii or indiankanoon or High court websites. Some notes are made by Vinayak. Should you find the dictum in this judgment or the judgment itself repealed or amended or would like to make improvements or comments, please post a comment on the comment section of the blog and if you are reading this on tumblr please post responses as comments at vinayak.wordpress.com . Vinayak is NOT a lawyer and nothing in this blog and/or site and/or file should be considered as legal advise.
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CASE FROM JUDIS / INDIAN KANOON WEB SITE with necessary Emphasis, Re formatting
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