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Contempt Of Court Case Of Not Paying Amount On Given Date


03-Apr-2025 (In Civil Law)
A concern term has been filed between me & my wife for divorce & withdrawal of all cases. As per the said term I had to pay the 1st installment of 10 Lakh rupees on 15th March and the final installment of 10 Lakh ruppes on 15th April. But I failed to pay the first installment and now wife has filled the contempt of the court case on me. But in the concern term it is also mentioned that if I fail to comply the said terms then I should pay maintenance of 25k till I fully pay the settlement amount. But now my advocate is saying I am a defaulter since I didn't pay 1st installment and penalty will be imposed on me unless I pay some amount. But I am paying the maintenance amount regularly. I would like to know whether it is contempt of court.
Answers (3)

Answer #1
559 votes
Failure to comply with court-ordered settlement terms can lead to legal consequences, including contempt of court. Since the agreement states that in case of non-payment, you must pay ₹25,000 per month until full payment is made, your compliance with this condition may help in avoiding contempt charges. However, since you missed the first installment, the court may still consider it a breach of agreement, and your wife's contempt petition could be valid. To avoid penalties, you may: Make Partial Payment – If possible, pay some amount to show your willingness to comply. Seek Extension – File an application explaining the reason for the delay and request an extension. Negotiate with Your Wife – If she agrees to a revised payment plan, it could be submitted to the court.
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Advocate Vaibhavi Muthinty

Adv. Vaibhavi Muthinty

LawRato Dombivli | 100+ Answers
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Answer #2
878 votes
If a settlement term has been agreed upon and filed in court, then non-compliance with such terms, including payment deadlines, may be treated as contempt of court, especially if the other party files a petition citing the violation. Since the settlement includes a clause for paying Rs. 25,000 per month as maintenance in case of default, complying with that clause can be seen as partial fulfillment, but it may not absolve the default entirely. However, your regular payment of maintenance can be presented to the court as a bona fide effort. It is advisable to approach the court through your advocate and explain the reason for the delay in the 1st installment and seek appropriate relief to avoid any penalty or adverse order. Timely legal action may help prevent contempt proceedings from being taken to their full extent.
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Advocate Vikrant C Deshpande

Adv. Vikrant C Deshpande

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Answer #3
800 votes
Well, I need to assess the Court Order, upon assessing which, I will be able to tell you, that, whether you have committed Contempt of Court or not! Kindly send the Order as soon as possible. Without analysing such order, you may not get proper legal advice.
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Advocate Pankaj Bajaj

Adv. Pankaj Bajaj

LawRatoMumbai | 1000+ Answers
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