The Delhi High Court has stressed on the importance of timely disbursal of maintenance, stating that it was not a benevolence or charity to be delayed at the convenience of the earning spouse, but a legal and moral duty designed to preserve the dignity and security of the dependent spouse and child.
While deciding on a petition filed by an earning husband challenging a family court order that directed him to pay Rs 45,000 to his wife and child, the single-judge Bench of Justice Swarana Kanta Sharma said the very object of maintenance was defeated if disbursal was left at the convenience of the earning spouse.
Noting that even a day’s uncertainty over basic expenses compromised the welfare of the dependents, the single-judge Bench said when financial support was delayed, dignity was the first casualty.
Rejecting the husband’s argument that there was no substantial default on his part, as only one month’s maintenance was outstanding, Justice Sharma said the impact of such delay on the respondent could not be trivialised. The respondent (wife) should not be left to suffer in silence, wondering how to meet the immediate needs, while the petitioner (husband) enjoyed financial stability.
The legislative intent of maintenance provisions was to prevent fear or helplessness of the dependents, while ensuring that they did not suffer from hardship or distress, it added.
The hardship faced by a dependent spouse or child was not measured merely by the quantum of arrears but by the immediate consequences of financial deprivation that even short delays in maintenance could cause, said the Court.
As per the case, the petitioner’s wife had left the matrimonial home after allegedly being subjected to cruelty and sought interim maintenance. The family court directed the husband to pay Rs 45,000 as interim maintenance. He challenged this direction on the grounds that he was residing in a rented accommodation and that his aged parents were financially dependent on him. He further stated that he had taken a loan of Rs 35 lakh on EMI for the construction of a property at his native place.
The High Court held that the statutory right of the wife and child to receive maintenance could not be defeated on account of EMIs that the petitioner was paying towards any property. Only mandatory deductions were considered when computing maintenance.
While upholding the family court’s verdict, the single-judge Bench reduced the amount payable to Rs 40,000, after considering that the husband was already paying Rs 5,500 towards his child’s school fees.
The post Timely disbursal of maintenance integral to dignity of dependents: Delhi High Court appeared first on India Legal.