MANMOHAN GOPAL versus THE STATE OF CHHATTISGARH & ANR.

MANMOHAN GOPAL versus THE STATE OF CHHATTISGARH & ANR.

Given persistent non-compliance by the husband and father-in-law and evidence of remittances to the husband, and invoking the Court’s remedial powers under Article 142 and relevant precedents, the Court held the petitioner and his son liable to satisfy the maintenance decree and directed sale of six contiguous shops...

Source-derived case information.

Parties
Appellant/petitioner: Manmohan Gopal; Respondent: The State of Chhattisgarh & Anr.; Respondent/applicant (r2, Original Complainant): Shilpi Shrivastava
Jurisdiction
India
Judgment Date
20 October 2023
Procedural Posture
Criminal Appeal (miscellaneous Applications Nos.858 859 of 2021) / Miscellaneous Application Filed in Disposed Criminal Appeal; Applications Disposed by Final Order Dated 20.10.2023
Outcome
Applications disposed of in terms of the order.
Legal Topics
Article 142, Maintenance Under Section 125 Cr PC, Attachment and Sale of Property for Enforcement, Hindu Marriage Act Sections 19 and 25, Enforcement of Decrees, Contempt
Constitutional Law Family Law Criminal Law Civil Procedure/execution Property Law Article 142 Maintenance Under Section 125 Cr PC Attachment and Sale of Property for Enforcement +3 more

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Parties

Manmohan Gopal

Appellant/petitioner

The State of Chhattisgarh & Anr.

Respondent

Shilpi Shrivastava

Respondent/applicant (r2, Original Complainant)

Procedural Posture

Criminal Appeal (miscellaneous Applications Nos.858 859 of 2021) / Miscellaneous Application Filed in Disposed Criminal Appeal; Applications Disposed by Final Order Dated 20.10.2023

Legal Issues

  1. 1 Whether father-in-law can be held liable or assets of father-in-law can be directed to be sold to satisfy maintenance due to the wife when husband is alive
  2. 2 Whether this Court can, under Article 142, direct attachment, sale or transfer of property and rents to secure payment of maintenance arrears
  3. 3 Whether a foreign divorce decree affects the applicant’s right to seek maintenance in India and related consequences for enforcement

Ratio Decidendi

Given persistent non-compliance by the husband and father-in-law and evidence of remittances to the husband, and invoking the Court’s remedial powers under Article 142 and relevant precedents, the Court held the petitioner and his son liable to satisfy the maintenance decree and directed sale of six contiguous shops (municipal numbers 26-31) with proceeds deposited in a fixed deposit (interest to the applicant), continued attachment of rents of M/s Fitness Factory Gym & Spa until the balance between sale proceeds and Rs.1.25 crores is paid, and provisioned transfer of title or auction of the first-floor premises if compliance does not occur within specified timeframes; all amounts...

Court Disposition

Applications disposed of in terms of the order.

Orders

  • Six contiguous shops bearing municipal numbers 26, 27, 28, 29, 30, 31 shall be put to sale by the Registrar of the Delhi High Court with best prices realized; amounts realized to be deposited in a fixed deposit receipt initially for six months and its interest disbursed to the second respondent/applicant; if no...
  • Attachment of rents of M/s Fitness Factory Gym & Spa on the first floor shall be continued till the petitioner and his son pay the amount constituting the balance between the amount realized by sale of the shops and Rs. 1.25 crores.