Supreme Court Directs Salary Deduction for Maintenance Amidst Estranged Couple's Dispute

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Supreme Court Directs Salary Deduction for Maintenance Amidst Estranged Couple's Dispute

Synopsis

In a landmark decision, the Supreme Court ordered a monthly salary deduction of Rs 25,000 from a husband for the maintenance of his estranged wife and four-year-old daughter, following his refusal to provide support. This ruling emphasizes the court's commitment to safeguarding children's welfare.

Key Takeaways

Supreme Court's ruling mandates salary deduction.
Emphasis on child welfare and financial support.
Husband's refusal to comply with maintenance payments.
Case highlights issues of financial neglect in families.
Next hearing scheduled for April 21.

New Delhi, March 5 (NationPress) In an unprecedented ruling, the Supreme Court has mandated that an employer deduct Rs 25,000 monthly from a man's salary for the maintenance of his estranged wife and their four-year-old daughter after he failed to provide any financial support voluntarily.

A bench consisting of Justices J.B. Pardiwala and K.V. Viswanathan issued this directive while reviewing a transfer petition from Dimpal against her husband, Nishant Pravinbhai Soni, who sought to move a pending family court case in Gujarat's Bhuj-Kachchh.

Justice Pardiwala's bench highlighted that despite a prior order from December 16, 2025, the husband did not contribute Rs 25,000 towards travel costs for mediation proceedings involving his wife and daughter.

"It is regrettable that the husband has not taken the initiative to remit the ordered amount for his wife's and daughter's travel expenses," the Supreme Court remarked.

The court also noted the husband's lack of financial support and absence from his child's life, stating, "To date, he has failed to provide any assistance to his wife or even see his daughter for the past four years."

During the proceedings, the bench reviewed an affidavit from the husband, declaring a monthly salary of Rs 50,000 and an annual income of Rs 6 lakh, while claiming to possess no significant assets and facing debts, including loans. However, when asked to deposit Rs 2.5 lakh, including Rs 1.38 lakh in overdue interim maintenance, he refused.

“Given these circumstances, we have no choice but to instruct the employer of the respondent-husband to ensure that Rs 25,000 is deducted monthly from his salary,” the bench ordered.

The court instructed Rishad Shipping and Clearing Agency Pvt. Ltd. to transfer the deducted funds via RTGS to the petitioner's bank account.

The Supreme Court emphasized that this order was crucial for the welfare of the couple's minor daughter, who is under the sole care of her mother.

"Our primary concern is the welfare and maintenance of the minor daughter Avira, especially since the petitioner-mother is solely responsible for her upbringing," stated the Justice Pardiwala-led bench.

The court learned that the petitioner's father had passed away, and she currently resides with her uncle and minor child.

Previously, the Supreme Court had noted that the couple had been living apart since 2022, labeling the situation as one of "irretrievable breakdown of marriage."

The matter was referred to the Supreme Court Mediation Centre to negotiate a lump-sum settlement after the wife requested Rs 40 lakh as a final settlement. The case is set for a compliance report on April 21.

Point of View

Particularly in cases of financial neglect.
NationPress
9 May 2026

Frequently Asked Questions

What did the Supreme Court order regarding maintenance?
The Supreme Court directed the employer of a husband to deduct Rs 25,000 monthly from his salary for the maintenance of his estranged wife and their daughter.
Why was the salary deduction ordered?
The deduction was ordered after the husband refused to pay maintenance voluntarily and failed to comply with previous court directives.
What was the husband's financial situation according to the affidavit?
The husband claimed a monthly salary of Rs 50,000 and an annual income of Rs 6 lakh, stating he had no significant assets and was facing financial liabilities.
How long have the couple been living separately?
The couple has been living apart since 2022, which the court described as an irretrievable breakdown of their marriage.
What is the next step in this case?
The case has been scheduled for a compliance report on April 21, following the Supreme Court's directives.
Nation Press
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