In a prolonged matrimonial battle marked by multiple litigations and mounting maintenance arrears, the Supreme Court stepped in to address delays and conduct that, it noted, had prolonged the dispute for years. The case involved a separated couple locked in legal proceedings since 2016, with the welfare of their two minor children emerging as a central concern.
Background of the Case
The marriage between the parties was solemnised in January 2010, and two sons were born from the union. Differences arose, leading to separation in October 2016. Since then, both sides have initiated several legal proceedings, including divorce petitions, custody claims, and maintenance applications.
In February 2019, the Family Court directed the husband to pay monthly interim maintenance of ₹80,000 — ₹50,000 to the wife and ₹15,000 each to the children. He was also directed to bear educational expenses. However, the wife alleged continuous non-compliance, forcing her to initiate execution proceedings for recovery of arrears.
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Despite multiple court orders, including warnings of coercive action, the arrears reportedly continued to accumulate.
The wife approached the High Court seeking expeditious disposal of execution proceedings, especially as the matter remained pending for over two years due to the absence of a presiding officer in the Family Court.
While the High Court initially directed the Family Court to act, it later disposed of the petition as “infructuous,” observing that a presiding officer had resumed charge and the matter could now proceed in the ordinary course.
Hearing the appeal, the Supreme Court took note of the prolonged litigation and its impact, particularly on the children.
“The actual sufferers of this litigation would be the two minor sons,” the bench observed, underlining the human cost behind procedural delays.
The Court also examined the conduct of the husband, who had filed numerous applications and proceedings across forums. It noted concerns that legal processes were being repeatedly invoked, potentially delaying the enforcement of maintenance orders.
At one stage, the Court even stayed multiple proceedings initiated by the husband against the wife, her family members, and her legal counsel, observing that such actions could hinder the fair progress of the case.
During the proceedings, both parties expressed willingness at different stages to dissolve the marriage under Article 142 of the Constitution, though on differing terms.
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The Court recorded partial payments made by the husband toward maintenance arrears but noted that a substantial amount remained outstanding. Directions were issued for filing affidavits of income and assets in line with established legal principles.
Separately, a writ petition filed by the husband alleging violation of fundamental rights was dismissed by the Court as not maintainable. The bench termed the petition “frivolous and malicious” and imposed costs of ₹5 lakh.
Subsequently, the husband filed a miscellaneous application seeking waiver of these costs and expunging of adverse remarks.
The Supreme Court, after considering the sequence of events, the conduct of the parties, and the pending issues relating to maintenance and matrimonial reliefs, proceeded to hear all connected applications together.
The matter, including the miscellaneous application seeking waiver of costs and expunction of remarks, was taken up for adjudication along with the broader matrimonial dispute and related proceedings. The Court continued to examine the issues within the framework of ensuring justice and expeditious resolution.
