“No Escape from Duty”: Patna High Court Upholds Maintenance Order, Stresses Responsibility in Matrimonial Disputes
In a significant ruling that underscores the importance of marital responsibilities, the Patna High Court, led by Justice Rajeev Ranjan Prasad, delivered a landmark judgment in the case of Anup Kumar Pandit Vs. Sunita Devi and Others, emphasizing the accountability of spouses in providing maintenance.
In his observation, Justice Prasad stated, “The exceptions would not apply as it is not the case of the petitioner that his wife was living in adultery or had refused to live with him.” This statement was pivotal in dismissing the revision application filed against the maintenance order.
The court meticulously analyzed the evidence and testimonies, confirming the marriage between Anup Kumar Pandit and Sunita Devi, which the petitioner had denied. The judgment further highlighted the husband’s underreported income, acknowledging his profession as an MBBS doctor. Despite the petitioner’s claim of earning only Rs.10,000 per month, the court upheld the Family Court’s decision on his income for maintenance calculation.
The decision addressed the duration of maintenance entitlement, clarifying that the wife is entitled to maintenance until her death, and the daughter until her marriage. In an impactful statement, the court noted, “Maintenance arrears deemed heritable by legal heirs post wife’s death,” thereby ensuring the continuation of support for the dependent daughter.
The court also addressed the issue of non-payment of maintenance despite the existing court order. It directed the entire arrear amount to be realized from the petitioner with an interest rate of 6% per annum, alongside a litigation cost of Rs. 25,000. This part of the ruling particularly highlights the court’s stance on enforcing maintenance orders and the seriousness with which such obligations are to be treated.
The judgment referenced several significant cases, including Yamunabai Anantrao Adhav vs. Anantrao Shivram Adhav and Anr., and Rajnesh vs. Neha and Anr., further reinforcing the legal principles governing maintenance in matrimonial disputes.
Representing advocates Mr. Anjani Kumar for the petitioner and Mr. Suraj Narayan Yadav for the opposite parties played crucial roles in presenting their respective cases.
This judgment from the Patna High Court stands as a testament to the legal system’s commitment to upholding the rights and dignity of individuals in matrimonial relationships, emphasizing the inescapable responsibility of providing maintenance.
Decided on : 18-12-2023
ANUP KUMAR PANDIT Vs. SUNITA DEVI AND OTHER
