The Supreme Court of India has issued a
strong directive in a matrimonial dispute, ordering the employer of a husband
to deduct ₹25,000 every month from his salary and transfer the amount directly
to the bank account of his estranged wife as interim maintenance for her and
their four-year-old minor daughter. The bench, comprising Justices JB Pardiwala
and KV Viswanathan, passed this order after observing that the husband had
consistently failed to comply with previous court directions and had not paid any
maintenance despite living separately from his wife since 2022.
The Court highlighted the welfare of the
minor child as a primary concern. It noted that the four-year-old daughter has
been solely cared for by her mother for the past four years, with the husband
contributing nothing toward her upkeep and not even meeting the child during
this period. The mother, who is currently residing with her uncle following the
death of her father, has been shouldering full responsibility for the child's
needs without any financial support from the husband.
The dispute came before the Supreme
Court after earlier attempts at resolution failed. The Court had previously
referred the parties to mediation to explore the possibility of a lump-sum
settlement for dissolving the marriage. As an interim measure during that
process, the husband was directed to deposit ₹25,000 to cover the travel
expenses of the wife and the minor child for attending mediation sessions.
However, the husband did not comply even with this limited direction. The bench
was also informed that a magistrate's court had passed an order for interim
maintenance in 2024, resulting in accumulated arrears of approximately ₹1.38
lakh against the husband.
During the hearing, the Supreme Court
examined an affidavit submitted by the husband detailing his financial
condition. In it, he claimed to earn a monthly salary of ₹50,000 and cited
financial difficulties as the reason for non-payment. The judges specifically
inquired whether he was willing to deposit ₹2.5 lakh, which would cover the
existing arrears of interim maintenance along with additional amounts. The
husband declined to make any such payment.
Faced with the husband's persistent
non-compliance and disregard for court orders, the bench concluded that no
other effective option remained. The Court therefore directed the husband's
employer to deduct ₹25,000 per month from his salary and transfer the deducted
amount directly to the wife's bank account through RTGS. This mechanism was
adopted to ensure regular and enforceable payment of maintenance, bypassing the
husband's repeated defaults.
The bench expressed particular concern
over the impact of the husband's inaction on the minor child's well-being. It
emphasized that the child, being raised single-handedly by the mother under
challenging circumstances, deserves prompt protection and support through
maintenance. The order aims to secure the child's basic needs and provide
immediate relief to the wife, who has been left to manage alone.
The matter has now been listed for April
to enable the parties to report compliance with the Court's directions. This
step underscores the Supreme Court's commitment to enforcing maintenance
obligations, especially in cases involving the welfare of minor children, and
demonstrates its readiness to adopt innovative enforcement measures when
traditional compliance fails.