The Bench criticized the husband, a doctor, for disregarding his wife and children’s well-being and failing to comply with court orders to pay maintenance.
The Bombay High Court recently sentenced a doctor to six months in civil prison for persistently refusing to comply with multiple court orders to pay maintenance to his wife and two children. [Dr Sangita Ganvir v Dr Manish Ganvir]
The Court held Dr. Manish Ganvir accountable for willfully defying repeated directives, resulting in prolonged hardships for his family.
A Bench comprising Justices GS Kulkarni and Advait M Sethna strongly condemned the doctor’s actions, stating,
“The contemnor has no respect for the rule of law, he has no regard to the orders passed by this Court.”
The court criticized the doctor for his attempts to evade compliance.
“The contemnor not only had least regard to the orders passed by this Court, but also, a reasonable fair and natural concern to maintain the respondent (wife) and his own daughters was wholly lacking and deliberately neglected,” the Bench said.
The case arose from a long-standing marital dispute between a couple who married in 2002. Their conflicts began in 2009 when the husband filed for divorce, but a family court dismissed his petition in 2015.
Despite the dismissal, the maintenance issue remained unsettled. In 2019, the Bombay High Court ordered the husband to pay ₹35,000 per month in maintenance to his wife and two daughters. However, his repeated non-compliance led the wife to file a contempt of court petition in July 2019.
Over the years, the husband repeatedly attempted to evade service of the court’s notice. Despite bailiff reports confirming his deliberate avoidance of the proceedings, he persisted in filing appeals and review petitions, including before the Supreme Court, all of which were dismissed.
His continued defiance led the High Court to impose coercive measures, such as issuing bailable warrants and ordering personal service, yet he remained non-compliant.
The Court’s frustration was apparent, emphasizing that the husband had no intention of complying with the orders and had repeatedly engaged in deliberate non-compliance.
“The contemnor appears to be quite habitual and well-versed in avoiding the process of law,” the Court noted.
The bench also condemned his disregard for the well-being of his wife and daughters, highlighting that his refusal to fulfill his legal and moral obligations had caused them six years of hardship.
“This is a gross case wherein for six years, the contemnor in every possible manner has avoided to comply the orders of the Court. The solemnity of the Court orders clearly reflects the need for human survival of the petitioner-wife along with two daughters, who were required to survive in a respectable manner. However, the contemnor in his dispute with the petitioner has completely lost consciousness to these basic human aspects,” the Bench noted.
In his defense, the husband’s counsel contended that the maintenance amount was excessive and that his inability to comply was justified. However, the Court dismissed these arguments, stressing that the maintenance order had attained finality after being upheld in multiple proceedings, including by the Supreme Court.
The Bench firmly stated that the husband’s repeated non-compliance constituted an act of “open defiance.”
Showing no leniency towards his actions, the Court sentenced him to six months in civil prison, emphasizing that such blatant disregard for the rule of law could not go unpunished.
The husband, who was present in court during the hearing, was immediately directed to surrender at the High Court Police Station and taken into custody.