The Bombay High Court has sentenced a doctor to six months in civil prison for consistently defying multiple court orders by refusing to pay maintenance to his wife and two children.
The court held Dr. Manish Ganvir guilty of willfully defying multiple directives, leading to prolonged hardships for his family.
A bench comprising Justices GS Kulkarni and Advait M. Sethna strongly condemned his actions, remarking:
"The contemnor has no respect for the rule of law and no regard for the orders passed by this Court."
The Court also expressed its discontent over his repeated attempts to evade compliance.
“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 said.
The case originated from a longstanding marital dispute between a couple who married in 2002. Their conflicts began in 2009, leading the husband to file for divorce the same year. However, his petition was dismissed by a family court in 2015.
Despite this, the issue of maintenance remained unresolved. In 2019, the Bombay High Court directed the husband to pay ₹35,000 per month in maintenance to his wife and two daughters. However, he repeatedly failed to comply, prompting his wife to file a contempt petition in July 2019.
Over the years, the husband made multiple attempts to evade court proceedings, with bailiff reports confirming that he was deliberately avoiding service of notices. Meanwhile, he continued to file appeals and review petitions, including at the Supreme Court, all of which were dismissed.
Frustrated by his defiance, the High Court took coercive measures, including issuing bailable warrants and ordering personal service, yet he remained non-compliant. The Court noted that his actions demonstrated a clear pattern of deliberate disobedience, showing no intention of following its orders.
“The contemnor appears to be quite habitual and well-versed in avoiding the process of law,” the Court noted.
The bench also condemned the husband's disregard for the well-being of his wife and daughters, noting that his persistent refusal to fulfill his legal and moral obligations had subjected his family to six years of hardship.
"This is a gross case wherein for six years, the contemnor in every possible manner has avoided to comply the orders of the Court. The solemnity of the Court orders clearly reflects the need for human survival of the petitioner-wife along with two daughters, who were required to survive in a respectable manner. However, the contemnor in his dispute with the petitioner has completely lost consciousness to these basic human aspects," the Bench noted.
The husband's counsel argued in his defense that the maintenance amount was excessive and that he had valid reasons for his inability to comply. However, the Court dismissed these claims, stressing that the maintenance order had attained finality after being upheld in multiple proceedings, including by the Supreme Court.
The Bench firmly stated that the husband's repeated non-compliance constituted an act of "open defiance."
Showing no leniency toward his actions, the Court sentenced him to six months in civil prison, emphasizing that such blatant disregard for the rule of law could not be overlooked.
As the husband was present in court during the hearing, he was immediately ordered to surrender at the High Court Police Station and be taken into custody.
Advocate RV Sankpal along with advocate Chanchal Singh instructed by RV Sankpal & Associates appeared for the petitioner-wife.
Advocate C Joshi along with advocate Tanvi Nimbalkar along with advocate Bhushan Joshi appeared for the husband.
Website designed, developed and maintained by webexy