bsb IN IN IN THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL CIVIL CIVIL APPELLATE JURISDICTION APPELLATE JURISDICTION APPELLATE JURISDICTION CONTEPT CONTEPT CONTEPT PETITION NO. 123 OF 2008 PETITION NO. 123 OF 2008 PETITION NO. 123 OF 2008 Mrs.Veena Dushyant Bhatt ... Petitioner v/s Mr.Dushyant Himatlal Bhatt ... Respondent Ms.Sonia Miskin i/by Mr.Piyush Shah for the petitioner. Mr.S.K.Chincholikar, A.G.P. for the Resp.No.2. Respondent No.1 in person present. CORAM: CORAM: CORAM: SMT.NISHITA MHATRE, J. SMT.NISHITA MHATRE, J. SMT.NISHITA MHATRE, J. DATED: DATED: DATED: 25TH JULY, 2008 25TH JULY, 2008 25TH JULY, 2008 P.C. P.C. P.C.: 1. The petitioner has filed the present petition contending that the respondent has committed breach of the common order dated 21.2.2008 passed in Writ Petition Nos.350 of 2008 and 8255 of 2007. By this order the petitioner was entitled to an amount of Rs.3 lacs as ordered by the Family Court. The husband has agreed and undertaken to pay a sum of Rs.1,50,000/- to the petitioner within two weeks from the date of the order and the balance amount within two weeks thereafter. It appears that the respondent No.1 has delayed in making payment of this amount. However, admittedly, he has paid the entire amount by 9.6.2008. There has been a 2 delay of three months’ in paying the amount to the petitioner. In the affidavit filed by the respondent, he has indicated the reasons for the delay in making the payment which, in my opinion, are not frivolous. 2. In these circumstances, I do not see any reason to take action against the respondent No.1 for contempt although there has been a delay in complying with the undertaking furnished by him to this Court. 3. The learned advocate for the petitioner submits that the respondent has committed a default in paying the maintenance amount as directed by the Trial Court. However, that is not the issue with which I am concerned and, therefore, the petitioner can exercise the remedy to recover the maintenance amount. 4. Contempt petition disposed of accordingly.