In a recent judgment by the Supreme Court of India, a fresh decision has been ordered in the maintenance case between the Wife and Husband. The case involves issues surrounding financial support and obligations. Dive into the legal intricacies of this ongoing dispute and the quest for justice in family matters.
Facts
- Marriage between the complainant and the appellant took place in 2001.
- The couple has two children, a 19-year-old named Dhairya and a 14-year-old named Aashi.
- The constant fighting between the parents is negatively impacting the children.
- After the marriage, the appellant did not want to stay at the matrimonial home, leading to separation in 2012.
- They shifted to Baroda in 2019 where disputes arose, especially during the First Wave of Covid-19 in April 2020.
- During this time, the husband was allegedly assaulted by the wife and thrown out of the house.
Arguments
- The arrears of maintenance granted by the Family Court have been deposited.
- Petitioner’s advocate argues that the proceedings were not ex parte and requests another chance for the petitioner to defend his case.
- Proceedings under section 125(3) of the Code are pending for arrears of maintenance of Rs. 73,000.
- Only Rs. 84,000 in arrears remain outstanding, which the petitioner agrees to deposit within one month.
- Petitioner’s advocate requests allowance of Criminal Revision Application No. 531 of 2023.
- The amount of arrears granted by the Family Court is set at Rs.12000/- per month, with Rs.8000/- per month for the wife and Rs.4000/- per month for the minor daughter to be continued as interim maintenance.
- The respondent did not appear in court to defend his case, leading to the Family Court’s decision to pass the impugned order.
- The respondent’s representative presented arguments and requested necessary orders to be passed by the court.
Analysis
- Petitioner husband was served with process but his advocate did not appear before the Family Court.
- Petitioner husband was not informed about the progress of the trial.
- The order is not ex parte, but the petitioner husband did not get a chance to defend his case, cross-examine witnesses, or present evidence of his income.
- The petitioner husband has committed to deposit the arrears of maintenance in a proceeding under section 125(3) of the Code.
- An additional opportunity is deemed necessary for the petitioner husband to fulfill his commitment.
- The principle of natural justice necessitates granting the petitioner husband another chance to comply.
Decision
- The matter is remanded back to the Family Court for a fresh decision with the opportunity for both sides to present evidence.
- Maintenance of Rs.8000/- per month for the wife and Rs.4000/- per month for the minor daughter totaling Rs.12000/- is ordered.
- Petitioner wife is granted liberty to revive Criminal Revision Application No.1239 of 2022 if needed; non-compliance will result in the dismissal of Criminal Revision Application No.531 of 2023.
- The petitioner husband is obligated to deposit the maintenance amount when outstanding.
- Direct service is permitted.
- Both parties must follow the guidelines set in the case of Rajnesh Vs. Neha And Another, 2020 AIJEL_SC 66659.
- Criminal Revision Application No.1239 of 2022 does not survive and is disposed of accordingly.
- Criminal Revision Application No.531 of 2023 is partly allowed, setting aside the maintenance order by the Family Court, with the condition that arrears must be paid within one month.
- The granted maintenance will be interim until the final disposal of the case, with no observation made on the merits of the case.
Case Title: DHARAMBHAI HARKISHABHAI SONI Vs. DIMPLE DHARAMBHAI SONI
Case Number: R/CR.RA/531/2023
