Defiance by Husband and Father-in-law Leads To Sale of Property  for Daughter-in-law’s Maintenance Claim: Supreme Court

In a significant legal development, the Supreme Court of India delivered a groundbreaking judgment on October 20, 2023, addressing a maintenance claim by a daughter-in-law against her father-in-law and mother-in-law. The case involved a deteriorated marital relationship, legal proceedings, and a series of complex issues surrounding property attachment, auctions, and the invocation of Article 142 of the Constitution for complete justice.

The judgment, authored by Justice S. Ravindra Bhat and Justice Aravind Kumar, made a notable observation regarding the behavior of the husband and father-in-law, stating, “The past history of this case, and the orders of this court have demonstrated the utter obduracy of Varun Gopal, who abandoned the wife, and virtually fled to Australia.” This observation reflects the court’s concern over the conduct of the parties involved.

The crux of the case revolved around the daughter-in-law’s pursuit of arrears and monthly maintenance from her in-laws, as her husband’s anticipatory bail had been denied. The Trial Court had granted interim maintenance, which was subsequently enhanced. The daughter-in-law also asserted her rights to inheritance from ancestral property. Her husband had obtained a divorce decree in Australia, further complicating the matter.

Despite efforts to attach and auction specific properties, including 11 shops, all attempts had been in vain. In light of the persistent defiance by the husband and father-in-law in complying with court orders, the Supreme Court invoked its power under Article 142 of the Constitution to ensure complete justice.

As a result of this landmark judgment, the Supreme Court directed the sale of six contiguous shops and the continuation of the attachment of rents from a fitness center. Moreover, it provided options for the daughter-in-law to either receive the transfer of title to specific premises or proceed with their sale.

This ruling is significant as it underscores the court’s commitment to upholding justice and ensuring that individuals fulfill their responsibilities, particularly in maintenance claims. It serves as a precedent for cases where parties defy court orders, emphasizing the court’s authority to take appropriate actions to safeguard the rights of the aggrieved parties.

The daughter-in-law was represented by Ms. Jaspreet Gogia, who served as the Amicus Curiae, contributing significantly to the case’s outcome. This judgment reaffirms the court’s dedication to addressing complex legal matters with compassion and fairness, particularly in cases involving maintenance claims and property disputes.

Date of Decision: October 20, 2023

MANMOHAN GOPAL VS THE STATE OF CHHATTISGARH & ANR.