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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