YAGWATI @ POONAM versus GHANSHYAM

YAGWATI @ POONAM versus GHANSHYAM

Having regard to the position of the parties and the totality of circumstances, the Court enhanced monthly maintenance under Section 18 of the Act from Rs.10,000 to Rs.20,000 per month with effect from the date of the judgment and directed that arrears be paid in equal instalments in addition to regular maintenance, subject to a cap that the combined payment shall not exceed 50% of the pension drawn by the Respondent; the Family Court was directed to quantify arrears and issue necessary directions to BSNL for payment.

Parties
Appellant: Yagwati @ Poonam; Respondent: Ghanshyam
Jurisdiction
India
Judgment Date
29 January 2024
Procedural Posture
Civil Appeal / Supreme Court Final Judgment (leave Granted, Judgment Dated 29 January 2024)
Outcome
Appeals allowed
Legal Topics
Maintenance, Enhancement of Maintenance, Maintenance Arrears, Section 18 HAMA, Section 13 HMA, Order 9 Rule 13 CPC
Family Law Hindu Adoption and Maintenance Act, 1956 Hindu Marriage Act, 1955 Code of Civil Procedure, 1908 Maintenance Enhancement of Maintenance Maintenance Arrears Section 18 HAMA +2 more

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Parties

Yagwati @ Poonam

Appellant

Ghanshyam

Respondent

Procedural Posture

Civil Appeal / Supreme Court Final Judgment (leave Granted, Judgment Dated 29 January 2024)

Legal Issues

  1. 1 Whether maintenance under Section 18 of the Hindu Adoption and Maintenance Act, 1956 should be enhanced
  2. 2 Whether arrears of maintenance should be payable and the manner of their payment
  3. 3 Whether the respondent's salary/pension affects the quantum of maintenance

Ratio Decidendi

Having regard to the position of the parties and the totality of circumstances, the Court enhanced monthly maintenance under Section 18 of the Act from Rs.10,000 to Rs.20,000 per month with effect from the date of the judgment and directed that arrears be paid in equal instalments in addition to regular maintenance, subject to a cap that the combined payment shall not exceed 50% of the pension drawn by the Respondent; the Family Court was directed to quantify arrears and issue necessary directions to BSNL for payment.

Court Disposition

Appeals allowed

Orders

  • Monthly maintenance under Section 18 of the Hindu Adoption and Maintenance Act, 1956 enhanced from Rs.10,000 per month to Rs.20,000 per month with effect from the date of this Order
  • Arrears of maintenance payable to the Appellant shall be payable in equal instalments by the Respondent in addition to the regular maintenance as quantified