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CDJ 2026 Jhar HC 170 print Preview print print
Court : High Court of Jharkhand
Case No : Cont. Case (Civil) No. 253 of 2026
Judges: THE HONOURABLE MR. JUSTICE SUJIT NARAYAN PRASAD & THE HONOURABLE MRS. JUSTICE ANUBHA RAWAT CHOUDHARY
Parties : Sushma Dey Versus The State of Jharkhand & Others
Appearing Advocates : For the Petitioner: Soumitra Baroi, Advocate. For the Respondents: R2, Vinay Kumar Tiwary, R5, Rajesh Kumar, Amit Kumar, M.K. Sinha, Advocates, Sachin Kumar, AC to S.C.-I.
Date of Judgment : 07-05-2026
Head Note :-
Comparative Citation:
2026 JHHC 13662,
Judgment :-

1. The present contempt case has been filed for non-compliance of the direction issued by this Court vide judgment dated 14.10.2025 passed in F.A. No. 55 of 2023 by the respondent no.2-husband.

2. The following directions have been passed in F.A. No. 55 of 2023:

                  “…….91. Therefore, this Court is of the considered view permanent alimony is required to be ordered to be paid on month-to-month basis.

                  92. For the reasons aforesaid, this Court thought it proper that a sum of Rs. 35,000/- (thirty five thousand) per month would be just, fair and reasonable, for sustenance of the respondent-wife, who has no other source of income than the alimony so received by the appellant-husband. Further, a sum of Rs. 25,000/- [twenty five thousand) per month would be proper to ensure financial stability of the son and for his livelihood, sustenance and study. Both the permanent alimony awarded to the respondent-wife and son would be subject to enhancement of 5% on every two years, taking into consideration the inflation etc.

                  93. Accordingly, the appellant-husband is directed to pay in total a sum of Rs. 60,000/- [sixty thousand) in the bank account of the respondent-wife positively by 10th of each month.

                  94. It is made clear that so far the amount to be paid in favour of son to the tune of Rs. 25,000/- which has been directed to be paid for his education etc., that is mandatorily to be paid till the son pursues his education/higher education. However, it is open to the respondent-husband to voluntarily assist his son with other reasonable expenses besides the amount which has been directed to be paid in favour of son. It is further clarified that the son's right to inheritance remains unaffected, and any claim to ancestral or other property may be pursued in accordance with law.

                  95. It is made clear that so far visiting/contact right under joint parentage of their son is concerned, the appellant-husband shall have right to visit his son on every second Saturday and last Sunday of each English Calendar month, as fixed by the learned family court.

                  96. This Court, considering the factual aspect involved in the case and particularly the fact that due to financial crunch the study of the child may not get disturbed, grants liberty to the respondent-wife that if the amount would not be paid by 10th of each month then the respondent-wife will be at liberty to communicate by way of an application containing the details of the bank accounts regarding such discontinuation of alimony to the employer of the appellant husband along with copy of this order for disbursement of the said amount directly in her bank account.

                  97. If in such situation the employer will receive information of non-disbursement of the amount, as directed above, the amount of permanent alimony as granted by this Court in favour of respondent-wife and son to the appellant-wife. shall directly be transmitted to the account of the respondent-wife.

                  98. This Court hopes and trusts that in such circumstances the employer will respond positively.

                  99. This Court further hope and trust that the appellant-husband will not invite such situation and will abide by the direction so passed by this Court for permanent alimony in favour of respondent-wife and the son, who is studying in primary class.

                  100. Accordingly, the impugned order/judgment dated 22.02.2023 and decree dated 28.02.2023 passed by the learned Principal Judge, Family Court, Bokaro in Original Suit No. 83 of 2021 is hereby quashed and set aside.

                  101. With the aforesaid the directions and observations, as made hereinabove, the instant appeal stands allowed and decreed in the above terms.

                  102. Pending Interlocutory Application, if any, stands disposed of.”

3. The matter was taken up on 19.3.2026 and notice was issued to the opposite party nos. 2 to 5 who have appeared.

4. The employer, opposite party Nos. 3, 4, and 5 are being represented by Mr. Rajesh Kumar, the learned counsel and opposite party no.2 is being represented by Mr. Vinay Kumar Tiwary, the learned counsel.

5. Show-cause has been filed on behalf of the opposite party no.5 stating inter alia therein that the moment it came to the notice of the authority that the direction passed by this Court is not being complied with, the immediate action has been taken so that the part of the direction which was to be complied with at the end of the concerned opposite party, the employer, be complied with. It has been stated in paragraph no. 12 that the amount is being started to be credited in the account of the petitioner.

6. Mr. Rajesh Kumar, the learned counsel appearing for the concerned opposite party has submitted that the order will be complied with without any interruption by ensuring the credit of the amount every month. He has further submitted that the system will be carved out for automatic credit of the said part of the amount so that automatically the part of the amount which has been directed to be paid in favour of the petitioner be credited in her account.

7. Considering the aforesaid facts the present contempt case stands disposed of.

8. Pending interlocutory application(s), if any, also stands disposed of.

 
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