VidhiSangh

Supreme Court of India · 28/09/2022

ANJU GARG & ANR versus DEEPAK KUMAR GARG

[2022] 5 S.C.R. 909 · 2022 INSC 1033

AI-generated headnote. Verify against the judgment before relying on it. Paragraph numbers refer to the judgment.

Summary

A wife who left the matrimonial home with her children claimed maintenance under Section 125 CrPC, alleging cruelty and money demands. The husband denied paternity of their son, ignored warrants and did not pay interim maintenance, so his defence was struck off. Yet the Family Court refused the wife maintenance on his counsel's unsupported oral submissions, granting only the son Rs. 6,000 a month, and the High Court upheld that without reasons. The Supreme Court held that Section 125 is social-justice legislation under Articles 15(3) and 39, and that an able-bodied husband must maintain his wife and minor children, even by physical labour. Her unchallenged evidence and his baseless paternity charge justified her living apart. Rather than remand, the Court awarded her Rs. 10,000 a month from the date of the petition.

Issues

  1. Whether the Family Court could refuse maintenance to a wife whose evidence of cruelty and neglect stood unchallenged, relying only on her husband's counsel's oral submissions.
  2. Whether the husband's plea that his business had closed and he had no income relieved him of the duty to maintain his wife and minor son.

Provisions considered

Held

Result

Appeal allowed. The respondent was directed to pay the wife Rs. 10,000 a month from the date of her maintenance petition, in addition to the son's maintenance, and to deposit the arrears in the Family Court within eight weeks after adjusting any amounts already paid.

Judgment PDF: Supreme Court of India, [2022] 5 S.C.R. 909.