Featured image for Supreme Court Judgment dated 09-04-2018 in case of petitioner name Sanjay Kumar Sinha vs Asha Kumari & Anr.
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Supreme Court Ruling on Divorce and Maintenance Dispute Between Husband and Wife

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The case of Sanjay Kumar Sinha v. Asha Kumari & Anr. revolved around the ongoing legal dispute between a husband and wife regarding their divorce case and the maintenance payments due during its pendency. The case, which had been ongoing for several years, was brought before the Supreme Court after the appellant challenged the Family Court’s order on interim maintenance.

Background of the Case

The appellant, Sanjay Kumar Sinha, filed a divorce petition under Section 13 of the Hindu Marriage Act, 1955, against the respondent, Asha Kumari. The divorce case, numbered 42/2010, had been pending in the Family Court, Begusarai, for several years. During this time, the respondent wife filed an application under Section 24 of the Hindu Marriage Act, seeking pendente lite maintenance (maintenance during the pendency of the proceedings) for herself and her daughter.

On 15 July 2016, the Family Court granted maintenance to the wife in the amount of Rs. 8,000 per month and to her minor daughter in the amount of Rs. 4,000 per month, in addition to Rs. 2,500 per month towards litigation expenses. The appellant contested this order, and on 27 October 2016, the Patna High Court upheld the Family Court’s order, which led to the appellant filing a special leave petition (SLP) before the Supreme Court.

Meanwhile, the wife had also filed a separate maintenance application under Section 125 of the Criminal Procedure Code, 1973, in the Family Court, Samastipur, where the Family Judge awarded her Rs. 4,000 per month and Rs. 2,000 per month for her daughter, along with Rs. 5,000 towards litigation expenses.

Arguments by the Appellant (Sanjay Kumar Sinha)

The appellant, Sanjay Kumar Sinha, argued the following points before the Court:

  • The Family Court’s maintenance order of Rs. 8,000 per month for the wife and Rs. 4,000 per month for the daughter was excessive and unjustified.
  • The wife had filed two separate maintenance applications in different courts, which led to duplicity in maintenance claims, and it was unnecessary to award maintenance in both cases.
  • While the respondent had legitimate claims to maintenance, the amounts were disproportionately high given the financial capacity of the appellant.
  • The Family Court’s decision was based on erroneous assumptions and did not take into account the appellant’s financial situation.

Arguments by the Respondent (Asha Kumari)

The respondent, Asha Kumari, countered the appellant’s arguments with the following points:

  • The maintenance awarded by the Family Court was reasonable, given her financial needs and the appellant’s responsibility to support her and their minor child.
  • The respondent had been facing difficulties in maintaining herself and her daughter without support, and the Family Court’s award was meant to ensure basic living standards.
  • The maintenance granted in the earlier Section 125 Cr.P.C. case was insufficient and did not cover all the respondent’s needs, which led her to file for additional maintenance under Section 24 of the Hindu Marriage Act.
  • While there were two separate cases for maintenance, they were based on different grounds and were not redundant.

Supreme Court’s Judgment

The Supreme Court, led by Justices R.K. Agrawal and Abhay Manohar Sapre, delivered a detailed ruling addressing the points raised by both parties. The Court made the following observations:

1. Final Disposal of Divorce Case

The Court recognized the delay in the divorce proceedings and emphasized the need for a prompt resolution. It instructed the Family Court to decide the divorce case on merits within six months. The Court noted:

“It is imperative that the Family Court dispose of the main divorce case No. 42/2010 within the next six months, so that the parties can have closure and move forward.”

2. Maintenance Orders Under Section 24 and Section 125

The Court ruled that the maintenance order passed by the Family Court on 15 July 2016, under Section 24 of the Hindu Marriage Act, superseded the maintenance order passed earlier under Section 125 of the Criminal Procedure Code. The Court observed:

“The maintenance awarded under Section 24 of the Hindu Marriage Act is a pendente lite maintenance, and in light of this, the order passed by the Family Court under Section 125 Cr.P.C. stands superseded.”

The Court further stated that once maintenance under Section 24 is granted, the previous order under Section 125 Cr.P.C. becomes redundant. This ruling clarified the relationship between the two provisions and set a clear precedent for future cases involving multiple maintenance claims.

3. Security for Maintenance and Arrears

The Court directed the appellant to continue paying the awarded maintenance during the pendency of the divorce case. It instructed the appellant to pay the following amounts:

  • Rs. 8,000 per month (Rs. 6,000 for the wife and Rs. 2,000 for the daughter) during the pendency of the divorce case.
  • Rs. 4,000 per month as security for the remaining amount of maintenance.

The Court emphasized that the security for the remaining amount of maintenance should be furnished within one month to the satisfaction of the Family Court. The Court further added:

“The appellant must comply with the order by paying the maintenance amount on the 1st of every month, as fixed by this Court.”

4. Payment of Arrears

The Court directed the appellant to pay any arrears of maintenance within one month from the date of the judgment. It stated:

“The appellant must clear all arrears of maintenance within one month, as per the amounts fixed by the Family Court, failing which, the Family Court will take necessary action.”

5. Liberty to Settle the Matter Amicably

The Court granted both parties the liberty to settle the matter amicably through mediation. The Court encouraged the parties to appear before the Family Court and try to reach a settlement. If the matter could not be settled, the Family Court would proceed to decide it on merits:

“Both parties are free to mediate and settle the matter amicably, and if they fail to do so, the Family Court will decide the case based on the evidence provided.”

Final Ruling

The Supreme Court disposed of the appeal with the following directives:

  • The Family Court should decide the main divorce case No. 42/2010 within six months.
  • The order for maintenance under Section 24 of the Hindu Marriage Act shall supersede the earlier maintenance order under Section 125 Cr.P.C.
  • The appellant shall continue to pay the monthly maintenance of Rs. 8,000 (Rs. 6,000 for the wife and Rs. 2,000 for the daughter) and furnish security for the balance amount.
  • The arrears of maintenance must be paid within one month.
  • Both parties are encouraged to mediate and settle the matter amicably.

Key Takeaways from the Judgment

  • The Family Court has the authority to grant pendente lite maintenance during the pendency of divorce proceedings under Section 24 of the Hindu Marriage Act.
  • The maintenance order passed under Section 24 supersedes the earlier order under Section 125 Cr.P.C.
  • Payment of monthly maintenance must be made on the 1st of every month, and any arrears must be cleared within one month.
  • The Court emphasized the importance of mediation and amicable settlements in family disputes.

Conclusion

This case demonstrates the Supreme Court’s commitment to providing clear and equitable solutions in family disputes, especially regarding maintenance claims during divorce proceedings. The judgment not only clarified the relationship between Section 24 of the Hindu Marriage Act and Section 125 Cr.P.C., but also ensured that both parties received fair treatment during the pendency of the divorce case.


Petitioner Name: Sanjay Kumar Sinha.
Respondent Name: Asha Kumari & Anr..
Judgment By: Justice Abhay Manohar Sapre, Justice R.K. Agrawal.
Place Of Incident: Begusarai, Bihar.
Judgment Date: 09-04-2018.

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