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Family LawSupreme Court of India

Jaiminiben Hirenbhai Vyas and another v. Hirenbhai Rameshchandra Vyas and another

Criminal Appeal · Neutral citation not assigned (Criminal Appeal No. 2435 of 2014)Decided 19 Nov 2014
Criminal Appeal No. 2435 of 2014
Justice J. Chelameswar · Justice S.A. Bobde

Background

A wife and minor daughter sought maintenance after separation. The Family Court denied separate maintenance to the wife because she had worked before marriage, but the High Court recognised that she had stopped working to care for the family and awarded ₹5,000 monthly. It made that award effective only from its order, without explaining why the earlier application date was not chosen.

Decision Breakdown

The Court allowed the appeal and directed payment of the maintenance found payable from the date of the maintenance application. Section 125 permitted either the application date or the order date, but the final decision had to give reasons for choosing between them. There was no rule requiring maintenance ordinarily to start only with the order. The wife's circumstances justified the earlier date because she had not worked during marriage and there was no evidence of income then. The separate maintenance granted under section 24 of the Hindu Marriage Act remained unaltered.

Lesson Learnt

A court must explain why maintenance starts from the application date or the order date. A person who stopped paid work for family responsibilities should not lose the earlier period of support merely because they once had employment.

Jaiminiben Hirenbhai Vyas and another v. Hirenbhai Rameshchandra Vyas and another – Legal Case Shots | LegalAware