Husband can’t abdicate duty of paying upkeep to estranged spouse: Supreme Court

The Supreme Court Friday stated a husband can’t abdicate the duty of paying upkeep to his estranged spouse and gave the final alternative to a person to clear an impressive quantity of Rs 2.60 crore together with month-to-month payout of Rs 1.75 lakh to his spouse, failing which he could be imprisoned.
The man, who claimed to have been engaged on a mission of nationwide safety within the telecom sector, stated that he had no cash and sought two years to pay the cash.
The prime courtroom, nonetheless, stated that the person has misplaced credibility by failing repeatedly to observe the courtroom’s order and questioned how an individual with this sort of case was related to a mission of nationwide safety.
A bench of Chief Justice SA Bobde and Justices AS Bopanna and V Ramasubramanian instructed the person, a Tamil Nadu resident, “A husband cannot abdicate from his responsibility to provide maintenance to his wife and it is his duty to provide the maintenance.”
It ordered, “Accordingly, by way of last chance, we permit the respondent (man) to make payment of the entire outstanding amount along with the monthly maintenance regularly to his wife…within a period of four weeks from today, failing which, the respondent may have to be punished and sent to civil prison.”
The prime courtroom listed the matter after 4 weeks to see whether or not its order has been complied with or not. In case the quantity isn’t paid, orders of arrest and imprisonment could also be handed in opposition to the respondent on that date.
It famous that the person has been directed by the trial courtroom and the choice upheld by the highest courtroom and the excessive courtroom to pay cash to his spouse below two heads which embody month-to-month upkeep of Rs 1.75 lakh and previous arrears of upkeep from the 12 months 2009, which quantities to roughly Rs 2.60 crore. Out of this quantity, a complete of Rs 50,000 has been paid.
During the listening to, senior advocate Basava Prabhu Patil, who was showing for the lady, stated that regardless of the highest courtroom directing the husband to pay the arrears and month-to-month upkeep quantity whereas deciding the evaluate petition, he has not been paying it and as an alternative main a lavish life.
The bench instructed advocate Rohit Sharma, who was showing for the husband, that he has not complied with even a single order of the courts and if he doesn’t make the funds inside two-three weeks, he will probably be despatched to jail.
Sharma stated that no curiosity will probably be served if he’s despatched to jail and even the spouse is not going to get the upkeep, to which the bench instructed him it could serve the curiosity of justice.
The husband, who himself appeared earlier than the courtroom via video-conferencing, stated he has put all his cash into analysis and growth in a mission associated to nationwide safety within the telecom sector.
The bench stated that it might order an investigation in opposition to him however then the consequence will probably be disastrous for him. It could be higher if he makes the fee, which has been dedicated earlier than the courtroom in 2018, in two-three weeks, the SC added.
Patil stated that the person has sufficient cash and is making an attempt to siphon off his funds invested in his 5 corporations to a Germany-based firm.
When the husband once more reiterated that he’s engaged on a mission of nationwide safety that will defend hacking of telecom networks from China, the bench stated, “With this kind of case, how is this person involved in a project of national security?”
The bench additional requested the person to borrow cash or to take mortgage from a financial institution and pay the upkeep and arrear quantity to his spouse inside one week, failing which he will probably be straightaway despatched to jail.
The husband claimed that his spouse is a really influential individual and has good contacts within the media, which she was utilizing to tarnish his picture.
The bench, nonetheless, stated, “We are not influenced by the media. We go by the facts of each case. The facts, in this case, suggest that you have not complied with our orders. You have lost your credibility. You pay the money in one week or go to jail.”
The bench, nonetheless, on the request of the husband’s counsel, gave him 4 weeks to pay the excellent quantity.
The spouse had filed a case below Protection of Women from Domestic Violence Act earlier than the metropolitan Justice of the Peace courtroom in Chennai in 2009.
The courtroom allowed the spouse to share the home till the husband made different preparations for her everlasting residence.
It directed the husband to pay Rs 2 crore as upkeep to the spouse, Rs 50 lakh compensation for deserting her for 12 years, Rs 50 lakh for having an extramarital affair, Rs 50 lakh for leaving his spouse to face the courtroom instances, Rs 50 lakh for forcing her to take a job in a media firm, Rs 50 lakh for psychological torture and agony by brazenly dwelling with overseas ladies and Rs 50 lakh for not paying hire to the shared family.
On the enchantment filed by the husband in opposition to the order, the periods courtroom directed him to pay Rs 1 lakh per thirty days in the direction of upkeep from the date of submitting the petition, which is January 6, 2009, and Rs 75,000 per thirty days for residential lodging from the stated date.
The excessive courtroom upheld the order of the periods courtroom on December 2, 2016, after which the husband filed the enchantment within the apex courtroom, which was dismissed by the Supreme Court on October 26, 2017 with a path that the person ought to inside six months pay the upkeep and arrears.
Thereafter, a evaluate petition was filed in 2018 by the spouse and the person was directed to clear the arrears of upkeep amounting to Rs 1.75 lakh by the tenth day of each month.