Recently, the Supreme Court has directed the employer of a man who had refused to pay maintenance to his estranged wife to deduct ₹25,000 from his monthly salary and deposit the amount directly into the wife’s bank account.

A division bench comprising Justices J.B. Pardiwala and K.V. Viswanathan passed the order after noting that the husband had failed to clear the maintenance arrears and had refused to pay any amount for the his wife and their minor daughter.

In view of this, the Court directed the husband’s employer to deduct ₹25,000 every month from his salary and transfer the amount directly to the wife’s bank account.

Further, the Court raised concern over the welfare of the couple’s four-year-old daughter, observing that she is being raised solely by her mother. It further noted that the father had not even met the child for several years.

Case Brief:

IN the said matter, the Court was hearing a transfer petition filed by a woman seeking the transfer of matrimonial proceedings. It noted that the couple had been living separately since 2022 and that efforts at mediation had failed.

An interim maintenance order had already been passed by a Judicial Magistrate in 2024. However, the husband failed to comply with the order and had accumulated arrears of about ₹1.38 lakh.

Although he filed an affidavit stating that he earned ₹50,000 per month, the husband declined the Court’s suggestion to deposit ₹2.5 lakh, which included the arrears of interim maintenance.

The Court also noted that during an earlier hearing, the husband had been directed to deposit ₹25,000 towards travel expenses for his wife and daughter to attend mediation proceedings before the Supreme Court Mediation Centre. However, he failed to comply with that direction as well.

In view of his continued refusal to pay maintenance despite earning ₹50,000 per month, the Court directed his employer to deduct ₹25,000 from his monthly salary and transfer the amount directly to his wife’s bank account.