Supreme Court Modifies High Court's Maintenance Order, Grants Partial Relief to Husband.


10 December 2024 Criminal Appeals & Suspension of Sentence >> Criminal Law   |   Maintenance >> Family Law  

In the matter of Apurva Apurvo Bhuvanbaby Mandal vs Dolly & Others, the appellant-husband challenged a 12.09.2022 order by the High Court of Gujarat, which had enhanced the maintenance for his wife and children. The High Court granted Rs.1,00,000 per month to the wife and Rs.50,000 each per month to the children. Previously, the Family Court in Surat had only awarded Rs.6,000 to the wife and Rs.3,000 to each child. The wife and children had appealed to the High Court, which granted them higher maintenance based on the husband's status as a businessman owning a diamond factory. The Court also took adverse inference against the husband for failing to submit his income tax returns despite being an assessee.


 

 

The appellant contested the decision, claiming his financial situation had worsened due to business losses. He argued that the wife is self-employed and does not require maintenance. In the interim, the Supreme Court stayed the enhanced maintenance and ordered the appellant to pay interim maintenance. Upon reviewing the case, the Court partially modified the High Court's judgment, allowing the wife and children maintenance at the rate of Rs.50,000 and Rs.25,000 respectively, starting from the date of the High Court order. The appellant was directed to pay the arrears within three months, and the maintenance payments were prioritized over other claims, including those from creditors.

The Court further emphasized that the right to maintenance is a fundamental right, vital for sustenance and dignity, as guaranteed by Article 21 of the Indian Constitution. It also noted that if the appellant fails to comply with the order, the Family Court may initiate coercive action, including the sale of immovable assets.


Section 125., Code of Criminal Procedure - 1973  

Section 127., Code of Criminal Procedure - 1973  

Code of Criminal Procedure, 1973