NDLI: Manmohan Gopal Vs. The State of Chhattisgarh & Anr.

Content Provider	Supreme Court of India
e-ISSN	30484839
Language	English
Access Restriction	NDLI
Subject Keyword	Constitution of India
Content Type	Text
Resource Type	Law Judgement
Jurisdiction	India
Case(s) Referred	Referred Case 0 Referred Case 1 Referred Case 2
Case Type	Miscellaneous Application
Court	Supreme Court of India
Disposal Nature	Others
Headnote	Issue for consideration: Applications filed by the daughter-in-law (original comlainant and R-2) for recovery of both arrears of maintenance and monthly maintenance. Constitution of India – Art. 142 – There has been a persistent defiance by husband, and the petitioner-father-in-law, who have, through one pretext or another stalled compliance with the orders of the Supreme Court – Husband has abandoned wife and virtually fled to Australia – Documents reveal that considerable amounts of money were remitted to husband, over a period of time – It is the responsibility of Petitioner- father-in-law and husband who are held liable to fulfil the payment of entire sum – Directions issued: Held: (1). Six contiguous shops bearing municipal numbers 26, 27, 28, 29, 30, 31 shall be put to sale by the Registrar of the Delhi High Court, who shall ensure that the best prices are realized – The amounts realized from the sale shall be deposited in a fixed deposit receipt, initially for six months, and its interest, disbursed to the second respondent/applicant – In the event of no sale, the attachment of property shall continue in favour of the applicant; (2). The attachment of rents of M/s Fitness Factory Gym & Spa on the First Floor shall be continued, till the petitioner, and his son, pay the amount constituting the balance between the amount realized by direction (1) and Rs. 1.25 crores; (3). In the eventuality the directions in (2) are not complied within one year, the Registrar is directed to take steps, and within three months, and seek option from the applicant regarding whether she would wish the transfer of title to the said premises in her name, or its sale – In the event she opts for the transfer, the Registrar Delhi High Court, is directed to take all necessary steps to execute a conveyance deed (under the present directions) to that effect, the sale shall be registered by the concerned authorities, and the applicant shall be handed over symbolic possession; (4). In the event the applicant does not seek conveyance, the Registrar shall take all necessary steps to auction the said property (on the first floor described in (2) above, within 18 months from today; (5). All amounts realized in the process of compliance with directions (1) and (4) above shall be paid to the applicant – Decree shall be drawn to the above effect – Decree shall also reflect total amount due and payable to the applicant in lieu of which sale of shops are hereby ordered. [Para 18]
Judge	Hon'ble Mr. Justice S. Ravindra Bhat
Neutral Citation	2023 INSC 953
Petitioner	Manmohan Gopal
Respondent	The State Of Chhattisgarh & Anr.
SCR	[2023] 14 S.C.R. 1073
Judgement Date	2023-10-20
Case Number	85-86

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Manmohan Gopal Vs. The State of Chhattisgarh & Anr.

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Manmohan Gopal Vs. The State of Chhattisgarh & Anr.

Manmohan Gopal Vs. The State of Chhattisgarh & Anr.

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