Timeliness in Alimony Payments Must be Maintained Despite Appeals: Orissa High Court

The High Court affirms interest penalties for delayed alimony payments, emphasizing the enforcement of family court orders even during the appeal process.

In a recent judgment, the High Court of Orissa at Cuttack addressed the issue of timeliness in the payment of permanent alimony amid ongoing appeals. The case, involving Sanjay Kumar Samal (appellant) and Laxmipriya Jena @ Samal (respondent), revolved around the enforcement of alimony payments and the imposition of interest for delays. The court emphasized that pursuing an appeal does not absolve the payer from meeting alimony obligations within the stipulated period.

The marriage between Sanjay Kumar Samal and Laxmipriya Jena was dissolved by a judgment on March 31, 2018, with the Family Court ordering a permanent alimony of ₹14,00,000. The appellant’s subsequent appeal led to a modification by a co-ordinate Bench on February 9, 2023, reducing the alimony to ₹10,00,000 with a condition: if not paid within four months, the amount would accrue interest at 6% per annum from the date of filing the appeal (April 20, 2018).

The court scrutinized the appellant’s claim that his appeal to the Supreme Court justified the delay in payment. It was noted that the appellant filed for special leave to appeal (SLP) on May 8, 2023, within the four-month period, and upon dismissal of the SLP on July 6, 2023, he promptly paid the alimony.

Justice Arindam Sinha, writing the judgment, highlighted the lower court’s direction for interest in case of non-compliance within the specified period. The court remarked, “The default direction for payment of interest was made to ensure compliance.” This underscores the legal expectation that financial obligations, such as alimony, must be timely fulfilled, regardless of pending appeals.

The High Court upheld the principle that the pursuit of legal remedies, including appeals, does not inherently suspend the duty to comply with existing court orders. The judgment reiterated the importance of adhering to timelines stipulated by the courts to avoid financial penalties. “The appellant’s bona fide in pursuing his right to move the Supreme Court is convincing,” the court acknowledged, yet it maintained that compliance with initial orders is paramount.

Justice Sinha emphasized, “The appellant’s bona fide in pursuing his right to move the Supreme Court is convincing because immediately upon dismissal of the petition on 6th July, 2023 he obtained demand draft on 10th July, 2023 and deposited same on 12th July, 2023.”

The High Court’s ruling reinforces the obligation to comply with alimony payments within court-stipulated timeframes, even amidst ongoing appeals. The judgment serves as a reminder of the judiciary’s commitment to ensuring timely financial support for the maintenance of divorced spouses and their dependents. This decision will likely influence future cases, underscoring the necessity for appellants to balance their appeal rights with their immediate financial responsibilities.

Date of Decision: July 25, 2024