Case Note & Summary
The case involved an appeal concerning the grant of maintenance to a wife and child under Section 125 of the Code of Criminal Procedure, 1973. The marriage between the appellant and the respondent was solemnized on 27.11.1997, and a son was born on 16.12.1998. The respondent left the marital home and filed for maintenance on 28.8.2002, claiming Rs.6000 per month. The Family Court awarded Rs.2500 to the wife and Rs.1500 to the son on 24.8.2011, but the maintenance was ordered from the date of the order, not the application. The wife appealed to the High Court, which modified the order to grant maintenance from the date of the application, citing the husband's delays and the wife's suffering. The appellant's counsel argued that the wife should not benefit from her own wrongs, while the respondent's counsel highlighted the husband's non-cooperation. The Supreme Court reiterated the principles governing maintenance under Section 125, emphasizing the need for timely relief to prevent destitution. The court noted the Family Court's laxity and the husband's repeated adjournments, leading to a nine-year delay. The Supreme Court upheld the High Court's decision, allowing the husband to pay arrears in a phased manner over three years. The appeal was dismissed as devoid of merits.
Headnote
A) Family Law - Maintenance - Grant of Maintenance - Code of Criminal Procedure, 1973, Section 125 - The court emphasized that maintenance should be granted from the date of application in cases of undue delay, especially when the husband causes adjournments. The High Court's decision to award maintenance from the date of application was upheld due to the husband's non-cooperation and the wife's prolonged suffering. Held that the Family Court must act with sensitivity to the plight of the wife and children (Paras 16-16).
Issue of Consideration
Whether the Family Court should allow adjournments liberally and the appropriate date for granting maintenance under Section 125 of the Code.
Final Decision
The Supreme Court dismissed the appeal, upholding the High Court's order to grant maintenance from the date of application. The court directed that the husband may pay the arrears in a phased manner over three years.
Law Points
- Family Court Act
- 1984
- Section 7
- Code of Criminal Procedure
- 1973
- Section 125
- maintenance
- adjournments
- social justice
- summary proceedings
