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Bhuwan Mohan Singh v. Meena

Criminal Appeal · Neutral citation not assigned (Criminal Appeal No. 1331 of 2014)Decided 15 Jul 2014
Criminal Appeal No. 1331 of 2014
Justice Dipak Misra · Justice V. Gopala Gowda

Background

A wife applied for maintenance for herself and her son in August 2002, but the family court decided the application only in August 2011. It awarded Rs. 2,500 monthly to her and Rs. 1,500 to the child from the order date. The High Court changed the starting date to the application date, and the husband challenged that change by blaming adjournments taken by the wife.

Decision Breakdown

The Supreme Court dismissed the husband's appeal and upheld maintenance from the date of application. The prolonged delay, much of it caused by his adjournments and the court's lax handling, had left the wife supporting herself and the child for nine years without an award. Section 125 allowed an express award from the application date, and no additional special reasons were required beyond the court's reasoned decision. The Court emphasised the family court's duty to deal promptly with claims intended to prevent destitution. It permitted arrears to be paid proportionately over three years while current monthly maintenance was paid by the fifth of each succeeding month.

Lesson Learnt

Delay in deciding a maintenance claim need not deprive the claimant of support for the waiting period. The court can expressly award maintenance from the application date, and routine adjournments should not defeat the purpose of this remedy.

Official source (sci.gov.in)View Judgment (PDF)

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