After having her husband sent to jail for 1,500 days for defaulting on maintenance payments to her, Arti Khatik along with her 2 minor children knocked at the Gujarat HC’s door for his release.
The High Court accepted the wife’s request & quashed her husband Dipak Khatik’s punishment awarded by the city’s family court in March 2019. The Court set aside the husband’s punishment so he can live happily with his wife & children.
In this case, the wife had filed for maintenance after leaving her matrimonial home in 2014. Dipak, who used to rent auto-rickshaws, was allegedly not treated well in his joint family & this led her to decide to live separately with her children. The family court had ordered the husband to pay monthly maintenance of Rs 5,000 to them. However, he failed to pay any money till Jan 2019.
The wife approached the Family Court for recovery of the dues for 5 years. The husband expressed his inability to pay the arrears & this invited the Court’s wrath. He was sentenced to 1,500 days in jail, as the maximum punishment is thirty days for one month’s default in paying maintenance upon a court order.
According to Arti’s Lawyer, Nikhilesh Shah, after the husband went to jail, her well-wishers advised the woman not to be so harsh towards her husband. She realized that her matrimonial dispute was mainly because they lived in a joint family. She had no other grievance against her husband. As she had already separated from her in-laws, she should bring her husband back to live with his two children.
The wife & her 2 children filed an application in the High Court requesting it to quash the punishment imposed based on their complaint. It was submitted that the couple has reached a compromise & want to live together for the good of their children.
Justice R M Sareen quashed the punishment & directed the family court to pass an appropriate order for Dipak’s release.
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