RAJNESH versus NEHA & ANR.

Citation: [2020] 13 S.C.R. 1093 · Decided: 04-11-2020 · Supreme Court of India · Bench: INDU MALHOTRA · Disposal: Disposed off
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Judgment (excerpt)

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RAJNESH
v.
NEHA & ANR.
(Criminal Appeal No. 730 of 2020)
NOVEMBER 04, 2020
[INDU MALHOTRA AND R. SUBHASH REDDY, JJ.]
Code of Criminal Procedure, 1973:
s. 125 – Interim maintenance – For wife and minor child –
Awarded by Family Court – Affirmed by High Court – Appeal to
Supreme Court – Held: Orders passed by Courts below affirmed –
Husband is directed to pay entire arrears of maintenance and to
continue to comply with the same, during the pendency of the
proceedings u/s. 125.
Family Laws:
Maintenance/ interim maintenance – Maintenance laws have
been enacted as a measure of social justice which fall within
constitutional sweep of Art. 15(3) reinforced by Art. 39 of the
Constitution – Guidelines framed in exercise of power u/Art. 142 –
On the issues of maintenance which would cover overlapping
jurisdictions under different enactments for payment of maintenance;
payment of interim maintenance; criteria for determining quantum
of maintenance; the date from which the maintenance is to be
awarded and enforcement of orders of maintenance – Constitution
of India – Arts. 15(3), 39 and 142 – Code of Criminal Procedure,
1973 – Special Marriage Act, 1954 – Hindu Marriage Act, 1955 –
Hindu Adoptions and Maintenance Act, 1956 – Protection of Women
from Domestic Violence Act, 2005.
Disposing of the appeal and issuing general directions/
guidelines, the Court.
HELD: A. In the facts and circumstances of the present
case, the Judgment and order passed by the Family Court, affirmed
by High Court, for payment of interim maintenance @
Rs. 15,000/- p.m. to respondent No.1-wife, and Rs.10,000 p.m.
to respondent No.2-son, is affirmed. The husband is directed to
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SUPREME COURT REPORTS
[2020] 13 S.C.R.
pay the entire arrears of maintenance @ Rs.15,000/- p.m., within
a period of 12 weeks from the date of this Judgment, and continue
to comply with this order during the pendency of the proceedings
u/s. 125 Cr.P.C. before the Family Court. If the appellant-husband
fails to comply with the aforesaid directions, it would be open to
the respondents to have the order enforced u/s.128 Cr.P.C., and
take recourse to all other remedies which are available in
accordance with law. The proceedings for payment of interim
maintenance u/s. 125 Cr.P.C. have been pending between the
parties for a period of over 7 years. It would be appropriate that
the Family Court decides the substantive application u/s. 125
Cr.P.C., in the light of the general directions/ guidelines issued in
the present judgment, within a period of 6 months’ from the date
of the judgment. [Part A (x)][1111-F-H; 1112-A-C]
B. Guidelines / Directions on Maintenance
1.1. Maintenance laws have been enacted as a measure of
social justice to provide recourse to dependant wives and children
for their financial support, so as to prevent them from falling into
destitution and vagrancy. Article 15(3) reinforced by Article 39 of
the Constitution of India, which envisages a positive role for the
State in fostering change towards the empowerment of women,
led to the enactment of various legislations from time to time.
[Part B][1112-G-H; 1113-B]
Captain Ramesh Chander Kaushal v Mrs. Veena
Kaushal & Ors. (1978) 4 SCC 70 : [1978] 3 SCR 782 -
relied on.
1.2 There are different statutes providing for making an
application for grant of maintenance / interim maintenance, if any
person having sufficient means neglects, or refuses to maintain
his wife, children, parents. The different enactments provide an
independent and distinct remedy framed with a specific object
and purpose. Inspite of time frames being prescribed by various
statutes for disposal of interim applications, in a vast majority of
cases, the applications are not disposed of within the time frame
prescribed. To address various issues which arise for
consideration in applications for grant of maintenance / interim
maintenance, it is necessary to frame guidelines to ensure that
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there is uniformity and consistency in deciding the same. [Part A
(iii)][1108-G-H; 1109-A-C]
1.3 The legislations which have been framed on the issue
of maintenance are the Special Marriage Act 1954 (“SMA”),
Section 125 of the Cr.P.C. 1973; and the Protection of Women
from Domestic Violence Act, 2005 (“D.V. Act”) which provide a
statutory remedy to women, irrespective of the religious
community to which they belong, apart from the personal laws
applicable to various religious communities. [P
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