Summary
Exercising Article 142 powers after persistent obstruction of maintenance recovery, the Supreme Court directed sale of six attached shops through the Delhi High Court Registrar and continued attachment of gym-premises rent. If the outstanding balance was not paid within one year, the applicant could opt for transfer of the gym premises or its auction under the specified timetable. A decree was directed. The relief rested on the exceptional history and earlier orders, rather than a general rule making every father-in-law liable for maintenance.
Issues
- What effective relief could secure maintenance after repeated noncompliance and unsuccessful recovery attempts.
- Whether complete-justice powers justified sale and conditional conveyance of the attached premises on this record.
Provisions considered
- Article 142, Constitution of IndiaExceptional directions and a decree secured compliance after persistent defiance of earlier maintenance-related orders; the power supplemented the existing legal framework with restraint. (¶ 16–18)
Held
- The record showed persistent defiance by the husband and petitioner, prolonged obstruction of compliance and remittances to the husband abroad. The Court held them responsible for satisfying the payment on this exceptional history. (¶ 16–18)
- Article 142 permits appropriate directions and decrees to do complete justice where existing processes do not effectively address the situation, while supplementing rather than supplanting the legal framework. (¶ 17)
- Six contiguous shops were to be sold by the Delhi High Court Registrar for the best obtainable price. Sale proceeds were initially to be placed in a six-month fixed deposit with interest disbursed to the applicant; attachment would continue if no sale occurred. (¶ 18(1))
- Gym-premises rent remained attached until payment of the difference between the shop-sale realization and Rs 1.25 crore. If this remained unpaid after one year, the Registrar was to seek the applicant’s choice within the next three months between conveyance and sale. (¶ 18(2)–(3))
- If conveyance was chosen, the Registrar was to execute the deed and secure registration and symbolic possession. Otherwise the gym premises were to be auctioned within eighteen months of the order. Realizations were payable to the applicant and a decree recording the amount due was directed. (¶ 18(3)–(5))
Result
Applications disposed of with Article 142 directions for sale of six shops, continued rent attachment, conditional conveyance or auction of the gym premises, payment of realizations and preparation of a decree recording the amount due.