1 2025:CGHC:10998 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR CONT No. 291 of 2025 Smt. Sushma Tiwari W/o Umesh Kumar Tiwari Aged About 58 Years R/o C- 134, Yadunandan Nagar, Police Station Sirgitti, District Bilaspur, Chhattisgarh. ... Petitioner versus Umesh Kumar Tiwari S/o Late Shri Raghunandan Tiwari Aged About 68 Years R/o Dindayal Colony, Mangla, Police Station Civil Line, District Bilaspur, Chhattisgarh. ... Respondent For Petitioner : Mr. Shashank Upadhyay, Advocate For Respondent : None (Hon’ble Shri Justice Arvind Kumar Verma) Judgment on Board 06/03/2025 1) The present contempt petition filed under Article 215 of Constitution of India with Section 12 of Contempt of Courts Act, 1973 by the petitioner alleging non-compliance of order dated 30.11.2018 passed in FAM No. 75 of 2018 (Annexure C/1). Vide order dated 30.11.2018 this court has passed the order in FAM No. 75 of 2018 as under:- In view of the settlement, the impugned decree of divorce is set aside and the present appeal is disposed 2 of in the following terms of settlement arrived between the parties:- I. That, the wife and husband shall live together peacefully in the house at Yadunandan Nagar from today i.e. 19.11.2018. II. That, the husband shall pay to the wife a sum of Rs. 9,000/- per month by transferring the said amount in her bank account within the first week of every month of English Calendar. III. That, apart from the above, the husband shall bear his own household expenses. IV. In his lifetime, the husband shall not alienate or otherwise transfer the properties owned by him to any third person(s). V. That, the proceedings initiated by wife under Section 125 of the Code of Criminal Procedure for payment of maintenance and subsequent proceedings for enhancement thereof shall be closed. The wife shall not claim any such sum as directed by the concerned court(s). VI. That, the husband shall make an application before the Hon’ble High Court informing about this agreement and getting appropriate order setting aside the decree of divorce granted by the learned Family Court that is subject matter of challenge in FA(M) No. 75/2018. 2) Learned counsel for the petitioner submits that order passed by this court has not been complied with as per para II of settlement in which it is stated that the respondent/husband has to pay a sum of Rs. 9,000/- to his wife/petitioner per month by transferring the said amount in her bank account within the first week of every month of English Calendar. Earlier respondent/husband was paying the said amount by transferring it in petitioner’s account, 3 but from the month of July, 2023 respondent has stopped to pay the said amount intentionally and deliberately. 3) I have heard learned counsel for the petitioner and perused the impugned order passed by this court with utmost circumspection. 4) Section 28A of the Hindu Marriage Act specifically states that all decrees and orders made by the court in any proceeding under this Act shall be enforced in the like manner as the decrees and orders of the court made in the exercise of its original civil jurisdiction for the time being in forced. 5) In the present case also the petitioner has an alternative remedy to avail therefore, petitioner has a liberty to avail an alternative remedy as per provisions of Section 28 A of the Hindu Marriage Act and make the execution proceedings in accordance with law. 6) With the aforesaid liberty, the instant contempt petition is disposed of accordingly. sd/- (Arvind Kumar Verma) JUDGE alfiza