Supreme Court Modifies Maintenance Order: Appellant Concealed Compensation Receipts
In a recent landmark judgment, the Supreme Court of India has modified a maintenance order in a case involving maintenance granted to a wife and son. The judgment, delivered by Hon’ble Mr. Justice Abhay S. Oka and Hon’ble Mr. Justice Pankaj Mithal on September 22, 2023, addressed the appellant’s challenge to the High Court’s modification of the maintenance order.
The High Court had altered the maintenance order to make it payable from the date of the application for maintenance, a decision contested by the appellant. The appellant argued that the maintenance granted was excessive, and there were concerns regarding the starting date for payment.
During the proceedings, it was revealed that the appellant had concealed compensation amounts received by him, significantly impacting the assessment of maintenance. Compensation amounts of Rs. 42,20,202/- and Rs. 11,36,861/- were received by the appellant due to the acquisition of his property. Furthermore, an affidavit filed by the appellant disclosed that he had received a total compensation of Rs. 82,33,531/- between January 2003 and June 2012.
In light of this concealed information, the Supreme Court ordered that the maintenance payable by the appellant from July 1, 2012, should be at the rate of Rs. 45,000/- per month, as per the Family Court’s order dated November 19, 2018. However, for the period from the date of filing the application under Section 125 of the Code of Criminal Procedure (Cr.P.C.) until June 30, 2022, the total amount payable by the appellant to the respondent No. 1-wife and child shall be at the rate of Rs. 25,000/- per month.
The judgment concluded by specifying that the arrears as of the date of the judgment shall be paid by the appellant to the respondent No. 1-wife within a three-month period, with adjustments made for amounts previously paid by the appellant, including a sum of Rs. 10 lakhs paid pursuant to a previous order.
This judgment highlights the importance of full and honest disclosure of financial information in maintenance cases and serves as a significant legal precedent in matters of maintenance modification.
Date of Decision: September 22, 2023
DHIRENDER KUMAR vs BALA & ANR.
