In a significant ruling aimed at preventing the evasion of financial responsibilities, the Bombay High Court has ordered a freeze on Rs 34 lakh held in the bank accounts of a man's mother and brother. The order came on a plea by the wife, who alleged her husband transferred these funds to his family to avoid paying court-mandated maintenance for her and their minor daughter.
The Court's Interim Order and Allegations
Justice Manjusha Deshpande passed the interim order on November 27 following an application filed by the wife. She sought the attachment and disclosure of all movable and immovable assets received by her husband's mother and brother from him. The application specifically mentioned, but was not limited to, the sum of Rs 34 lakh.
The couple had married in April 2016. The husband, a software engineer, filed for divorce in September 2020 before a civil judge. Later, in September 2022, a trial court directed him to pay Rs 30,000 per month as interim maintenance to his wife and daughter, along with the EMI for their flat.
A Systematic Attempt to Evade Responsibility
The wife's case revealed a telling sequence of events. She stated that when she initially filed for interim maintenance, her husband was earning an annual salary of Rs 65 lakh. Soon after, he resigned from his job. Between January 2021 and January 2022, he transferred Rs 15 lakh to his mother and Rs 19 lakh to his brother. Additionally, he withdrew Rs 20 lakh in cash.
This conduct did not go unnoticed by the higher judiciary. On March 19, the Bombay High Court dismissed the husband's petition challenging the maintenance order. The court observed that his actions represented a "systematic attempt" to ensure that even if a maintenance order was passed, it would be impossible for the wife to execute it. The court imposed a cost of Rs 1 lakh on the husband, payable to his wife.
Contempt Proceedings and Securing the Amount
As the husband failed to pay the interim maintenance and the flat EMI, contempt proceedings were initiated. The High Court issued a contempt notice to him on July 7. The wife's advocates, Amol Jagtap and Ajinkya Udane, informed the court that the husband is in arrears of over Rs 24 lakh towards maintenance, including the Rs 1 lakh cost.
Advocate Jagtap argued that to secure the maintenance amount, the assets parked with the husband's mother and brother must be frozen to prevent the creation of any third-party rights on them. When the husband claimed he had not received the contempt notice, Justice Deshpande directed the high court registry to verify and submit a report.
Considering the husband's overall conduct, the judge stated it would be appropriate to direct that no third-party interest be created in the transferred sums. The court then asked him to furnish the bank details of his mother and brother. In view of its earlier orders, particularly those dated March 19 and June 7, Justice Deshpande directed that the amounts transferred to their accounts "shall stand freezed to the extent of transfers made" until the next hearing on December 5.
