1 2025:CGHC:7375 NAFR HIGH COURT OF CHHATTISGARH, BILASPUR Contempt Case (Civil) No. 1284 of 2024 Order Reserved on 12/11/2024 Order Delivered on 10/02/2025 Shrimati Akanksha Gehlot W/o Antriksh Gehalot Aged About 30 Years R/o Vishnu Nagar, Kududand, PS Civil Line, Tehsil and District Bilaspur, Currently Residing At Bhadouria Chowk, Tehsil and District Bilaspur, Currently Residing At Bhadouria Chowk, Tehsil and District Rajnandgaon, Chhattisgarh ... Petitioner versus Antriksh Gehalot S/o Santosh Kumar Gehalot Aged About 35 Years R/o Vishnu Nagar, Kududand, P S Civil Line, Tehsil And District Bilaspur, Chhattisgarh. ---- Responden ___________________________________________________________ For Petitioner : Mr. Pankaj Singh, Advocate For Respondent : Ms. Priyanka Rai, Advocate ___________________________________________________________ Hon'ble Shri Justice Arvind Kumar Verma CAV Order 1. The instant contempt petition has been preferred under Article 215 of the Constitution of India read with Section 2(B), Contempt of Courts Act, 1971, for violation of order dated 13.08.2024 (Annexure C/1) passed in case bearing No. FA(MAT) 2 No.127/2024 (Shrimati Akanksha Gehlot Vs. Antriksh Gehlot) vide which this Court had allowed the application preferred by the petitioner under Section 24 of the Hindu Marriage Act, 1955 and modified the order dated 12.02.2024, passed by the learned Family Court, Rajnandgaon, District Rajnandgaon in Civil Case No.251A/2023 and directed to the respondent/husband herein shall pay maintenance of Rs.8,000/- per month to his wife/petitioner from the date of order dated 12.02.2024, till final decision of this case and also to pay Rs.500/- towards appearance before the learned trial Court and Rs.3,000/- towards cost of litigation. 2. Learned counsel for the petitioner contended that respondent/husband has not paid the interim maintenance amount. This Court has framed the issue that whether the contempt petition is maintainable before this Court in this regard, counsel for the petitioner has filed the case law Urban Infrastructure Real Estate Fund Versus Dharmesh S. Jain & Another reported in (2022) 6 SCC 662, in which the Hon’ble Supreme Court held that if a delay has occurred in complying with the terms of an order and the party which was to comply with the order has not restored to either to the two aforestated options, then the party responsible for delay in compliance, may be held to have committed contempt. Though the contempt case is maintainable under the law. However, this Court has ordered in FA(MAT) No.127/2024 under Section 24 of the Hindu Marriage 3 Act, 1955 for interim maintenance and Section 28-A of the Hindu Marriage Act, 1955 specifically provides as under :- Section 28A in The Hindu Marriage Act, 1955 “28-A. Enforcement of decrees and orders.- 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 exercise of its original civil jurisdiction for the time being are enforced.” 3. Therefore, the petitioner has right to recover the interim maintenance amount through the executing Court by way of execution of decree/order. The respondent/husband is a Bank Manager, if he fails to pay the amount of interim maintenance, the executing Court can pass an order directing the employer- Bank for attachment of salary for the payment of maintenance. 4. In view of the above, the instant contempt case stands disposed of with a direction to file appropriate execution application before the concerned Civil Court. 5. Accordingly, the contempt case is disposed of. Sd/- (Arvind Kumar Verma) Judge Vasant VASANT KUMAR Digitally signed by VASANT KUMAR