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Bombay High Court denies husband's 'mercy' plea for absconding maintenance to kin for 8 years

Advocate Murtuza Najmi appearing for the husband pleaded before the court, that the husband was willing to deposit amount of Rs10,000 per month as decided in the consent terms finalized between the couple.

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"You don't deserve any mercy from the court and be prepared to go to jail," the Bombay High Court observed on Tuesday while rejecting a petition filed by husband, seeking condone in delay of eight years in challenging a maintenance order passed by the Bandra family court, which directed him to pay Rs60,000 per month to his wife and children.

A division bench of justice V M Kanade and justice Swapna Joshi, said, "You don't deserve any mercy, for all these years you did not bother to take care about your wife and son, did you ever think what must have happened to them? Only when your flat, which is the matrimonial home of your wife was attached, that you have come to court."

Advocate Murtuza Najmi appearing for the husband pleaded before the court, that the husband was willing to deposit amount of Rs10,000 per month as decided in the consent terms finalized between the couple. She added that if the above said was allowed, and the execution was stayed, the husband then would be willing to deposit the arrears amount in court, as per the consent terms.

The court, however, refused to accept the argument, and it asked him to either deposit the entire amount as per the family court order or the delay wouldn't be condoned, and thereby, finalized the family court order passed in November 2008. "Non-payment of maintenance amount shows you are dishonest to your wife and son."

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