The Bombay High Court has held that proceedings under the Presidency-Towns Insolvency Act, 1909, cannot be invoked as a mechanism to frustrate or indirectly obtain a stay of a Family Court’s maintenance order. The Court observed that insolvency relief cannot be granted to undermine a subsisting maintenance order, and clarified that insolvency proceedings cannot be used to obstruct the execution of Family Court directions.
Justice Jitendra Jain was hearing an insolvency petition filed by the husband seeking a declaration that he be adjudged an insolvent on the ground that he was unable to pay arrears of ₹22,30,000 arising out of an order of the Family Court directing him to pay monthly maintenance of ₹25,000 to his wife. He contended…