The Supreme Court recently held that maintenance under Section 125 of the CrPC should be granted from the date of filing the application, ensuring applicants are not disadvantaged by judicial delays. It set aside the Family Court and High Court orders and directed maintenance to be paid to the appellant-wife from her application date.
The appellant, married to the respondent in 2002, alleged dowry harassment and was forced out with her children in 2008. She filed for maintenance under Section 125 CrPC. The Family Court granted maintenance for the children but denied it to her, citing insufficient reason for leaving, a decision upheld by the High Court.
The Bench comprising Justice Sudhanshu Dhulia and Justice Ahsanuddin Amanullah noted that the appellant challenged the Family Court’s decision, which awarded maintenance from the date of the order rather than from the date of the application. Although Section 125(2) CrPC allows courts to grant maintenance from the date of the order, this discretion must be exercised based on the facts and circumstances of each case, ensuring no undue hardship to the applicant. Since Section 125 is a welfare legislation aimed at protecting wives and children from destitution, applicants should not be penalized for delays caused by the judicial process. In this regard, the Court referred to the principles laid down in Rajnesh v. Neha, (2021) 2 SCC 324.
Further the Bench added “Having regard to the totality of the facts and circumstances, we direct the respondent no. 2 to pay Rs.4,000/- (Rupees Four Thousand) per month as maintenance to the appellant, from the date of filing of the maintenance petition before the Family Court. The maintenance awarded to the children will also be payable from the date of filing of the maintenance petition before the Family Court. We take judicial notice that during the pendency of the appeal before this Court, the daughter Aatika has attained majority. Having due regard to the scheme of Section 125 of the Code, it is clarified that the maintenance awarded in her favour will only be payable up to the date of her attaining majority. The entire amount of arrears shall be deposited by the respondent no.2 in the Family Court within four months from today, after adjustment of amount(s), if any, already paid/deposited by him.”
The Court allowed the appeal, directing that the maintenance arrears be deposited within four months after accounting for any payments already made, with no order as to costs.
Read Here: