LI Network
Published on: October 25, 2023 at 10:10 IST
The Supreme Court of India, with a bench comprising Justice Ravindra Bhat and Justice Aravind Kumar, has issued crucial directives in a case involving the settlement of outstanding maintenance dues to a woman who was abandoned by her husband. This case exemplifies the court’s use of its inherent powers under Article 142.
The Court’s decision was influenced by earlier judgments, including Subrata Roy Sahara v Union Of India [2014] and Delhi Development Authority v. Skipper Construction 1996 establishing that the Supreme Court has the authority to issue appropriate directions and decrees in the pursuit of justice between the parties involved.
The case was initiated when the wife, living with her widowed mother and financially dependent on her, sought the Court’s intervention to expedite her petition under Section 125(3) of the Criminal Procedure Code (CrPC). This section empowers a Magistrate to take action against a person who fails to comply with a maintenance order without sufficient cause.
The deteriorating relationship between the husband and wife led to various legal proceedings, including criminal charges filed by the wife. Despite court orders directing the payment of maintenance, both the husband and his father-in-law remained non-compliant. Criminal charges were pressed against them under various sections of the Indian Penal Code. While they were denied anticipatory bail, they were eventually released on bail.
The family court had granted interim maintenance to the wife, which was subsequently increased. However, despite these court orders, the husband and his father-in-law continued to defy the payment of maintenance.
The Supreme Court noted that the husband had the means to make these payments, pointing to remittances made to him over time. The wife claimed that her husband was the sole heir to ancestral property, including 11 shops, and that she was owed Rs. 1.25 Crores in maintenance arrears.
The Court issued the following directives, including the sale of six shops to settle the wife’s outstanding dues:
- Six contiguous shops (municipal numbers 26-31) will be sold by the Registrar of the Delhi High Court, ensuring the best prices are obtained. The proceeds will be deposited in a fixed deposit receipt, with interest disbursed to the applicant. If the shops are not sold, the attachment will continue in favor of the applicant.
- The rents of M/s Fitness Factory Gym & Spa on the First Floor will remain attached until the husband and his son, Varun Gopal, pay the balance between the amount realized from the shop sale and Rs. 1.25 crores.
- If the directives in (2) are not followed within a year, the Registrar will seek the applicant’s preference regarding a property transfer or sale. If she chooses a transfer, the Registrar will facilitate a conveyance deed, while a sale will proceed through auction.
- In the event the applicant opts for a sale, the Registrar will take necessary steps to auction the property within 18 months.
- All proceeds from implementing these directives will be paid to the applicant, with a corresponding decree reflecting the total amount due and the sale of shops ordered.
Case Title: “Manmohan Gopal v. State Of Chhattisgarh,”