Rajnesh
Vs.
Neha
An application for interim maintenance was filed in a petition under Section 125 of Cr.P.C. by wife and a minor child. Wife had left the matrimonial home in January, 2013. After birth of their son on 02-09-2013, wife of the appellant filed an application for interim maintenance under Section 125. The family court awarded the maintenance of Rs 15000/- from 1-9-2013, 5,000 for son and 10,000 onwards till the further order for main maintenance to be passed.
The appellant challenged the decision of the family court via filing a criminal writ petition before the Bombay High Court. The court dismissed the writ petition filled by the husband and he was directed to make payment of the arrears of Rs. 2,20,000 towards interim maintenance to the wife . By a subsequent order, it was recorded that only the arrears have been paid and the rest amount was still left unpaid. On this, final opportunity was given to the husband to make rest of the payments. If he fails then it will be considered as contempt of court. The appellant was directed to pay an amount of Rs. 1,45,000 within the period of 45 days. The court further considered it fit to frame guidelines relating to interim maintenance. The court directed the National Legal Authority to frame the guidelines.
Later on, the husband on 04-08-2020 filed an affidavit of Compliance stating that the arrears of Rs. 1,45,000 have been paid by the him on January, 2020. Further, apart from the amount paid, the appellant had paid nothing to his wife. The court ordered the appellant to pay all the arrears to the wife.
Thereon, the parties refer their matter for mediation to resolve all the disputes between the parties and they ended up making all settlements. Later on, the husband appeared before the court and made an oral statement that he has no source of income to pay the amount of maintenance to his wife and he has to take loan from his father to pay. He further contented that neither he has a job nor does he have any property. On this account, the court ordered that the appellant must pay the maintenance amount to his wife within 12 weeks or the court may allow the wife to recourse the other remedies.
The Supreme Court held that the appellant must pay the amount which was decided by the family court and ordered him to clear all the backlog payments and make additional interim maintenance to his wife and son. The court further laid down the comprehensive guidelines for governing the payments of maintenance in matrimonial cases.