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Bombay High Court

SUSAN THOMASversusAPPU JACOB ZACHARIAH

Decided
Disposal
Disposed Off

Holding

The contempt petition was disposed of as the alleged contempt was purged by compliance and an unconditional apology.

Summary

The petitioner sought contempt proceedings against the respondent for allegedly failing to comply with a Family Court order dated 4 October 2024 that required the respondent to pay monthly maintenance of Rs.15,000 to the petitioner. The order mandated payments from 30 September 2022 until the main petition’s disposal, with adjustments for any ad‑hoc maintenance already paid. The respondent contended that the maintenance had been paid up to August 2026 and, on the court’s direction, offered an unconditional apology for any earlier lapse. The court held that the respondent’s subsequent compliance and apology amounted to purging the alleged contempt. Consequently, the contempt petition was disposed of.

Issues considered

  • Whether the respondent’s alleged non‑payment of the maintenance order constitutes contempt of court
  • Whether subsequent compliance and an unconditional apology extinguish the contempt

Subjects

  • contempt
  • maintenance
  • family court order
  • order compliance
  • civil procedure

Judgment

                                                   1-CP-35-2026.DOC




          IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                  CIVIL APPELLATE JURISDICTION
                CONTEMPT PETITION NO.35 OF 2026


Susan Thomas                                      …Petitioner
     Versus
Appu Jacob Zachariah                              …Respondent

                              WITH
                  WRIT PETITION NO.8593 OF 2025

Appu Jacob Zachariah                              …Petitioner
     Versus
Susan Thomas                                      …Respondent


Ms. Prabha U. Badadare, for the Petitioner.
Mr. Vivek Sharma, for the Respondent.


                      CORAM:      MADHAV J. JAMDAR, J.
                      DATED :     28th SEPTEMBER 2026
P. C.:


1.       Heard Ms. Badadare, learned Counsel appearing for the

Petitioner and Mr. Sharma, learned Counsel appearing for the

Respondent.



2.       In this Contempt Petition, the Petitioner has raised the

contention that the order dated 4th October 2024 passed by the

learned Principal Judge, Family Court, Mumbai, in Interim




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                                                         1-CP-35-2026.DOC




Application No.197 of 2022 in Petition No.A-3031 of 2022 has not

been complied with. The Operative Part of the said order reads as

under:



                                 “ORDER

            1. The application is partly allowed.
            2. The respondent is directed to pay Rs.15,000/-
            (Rs. Fifteen thousand only) per month to the
            petitioner towards child’s maintenance from the
            date of application i.e. 30.09.2022 till the
            disposal of the main petition.
            3. The amount already paid towards adhoc
            maintenance will be adjusted.
            4. No order as to costs.”



3.       Mr. Sharma, learned Counsel appearing for the Respondent

states that the said order dated 4 th October 2024 has been

complied with and the maintenance amount up to August 2026

has been paid.



4.       Learned   Counsel   appearing     for   the   Respondent,    on

instructions, states that the Respondent will comply with the said

order dated 4th October 2024 punctually hereafter and the

Respondent tenders unconditional apology for earlier non-

compliance.




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                                                                1-CP-35-2026.DOC




              5.       As the contempt has been purged by complying the said

              order dated 4th October 2024 and as unconditional apology is

              tendered, the Contempt Petition is disposed of.




                                                       [MADHAV J. JAMDAR, J.]



 SONALI
 MILIND
 PATIL
Digitally signed by
SONALI MILIND
PATIL
Date: 2026.09.28
17:55:02 +0530




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