The Supreme Court of India has directed the employer of a man to deduct Rs 25,000 every month from his salary and transfer the amount directly to the bank account of his estranged wife as maintenance for her and their daughter.
The Supreme Court of India has directed the employer of a man to deduct Rs 25,000 every month from his salary and transfer the amount directly to the bank account of his estranged wife as maintenance for her and their daughter. A bench comprising Justice JB Pardiwala and Justice KV Viswanathan passed the order after observing that the husband had repeatedly failed to comply with earlier court directions and had not paid any maintenance despite living separately from his wife since 2022.
The court noted that the couple has a four-year-old daughter who has been entirely in the care of her mother. According to the bench, the husband had neither contributed financially towards the child’s upbringing nor met her during the past four years.
The court had earlier referred the parties to mediation in an attempt to resolve the marital dispute amicably and explore the possibility of a lump-sum settlement for dissolving the marriage. As an interim measure, the husband had been directed to deposit Rs 25,000 to cover the travel expenses of the wife and the minor child for attending the mediation sessions.
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However, he failed to comply even with that directive, the court observed.
During the hearing, the bench was informed that a magistrate’s court had already passed an order of interim maintenance in 2024, but the husband had accumulated arrears amounting to around Rs 1.38 lakh.
The judges also examined the husband’s affidavit detailing his financial condition. In the document, he claimed that he earned a monthly salary of Rs 50,000 and was facing financial constraints.
The court asked whether he was willing to deposit Rs 2.5 lakh, which included the pending arrears of interim maintenance. The husband, however, refused to make the payment.
"In such circumstances, we are left with no other option but to direct the employer of the respondent-husband, that an amount of Rs 25,000 shall be deducted per month from the salary and the said amount shall be transferred by RTGS to the account of his wife," the court ordered.
The bench underlined that its primary concern was the welfare of the minor child. It noted that the mother is raising the child alone and currently lives with her uncle after the death of her father.
The matter has now been scheduled for April, when the court will review compliance with its directions.
