Hindu Adoptions and Maintenance Act, 1956 — Sections 18 & 20 — Family Courts Act, 1984 — Sections 10 & 18 — Code of Civil Procedure, 1908 — Section 34 — Maintenance to wife and minor son — Past maintenance (three years preceding suit) — Future maintenance — Creation of charge over husband’s share in joint family properties — Award of interest — Scope of modification — Held: Maintenance confirmed — Interest modified to 9% pendente lite and 6% post-decree in conformity with Section 34 CPC.
A. Right of Wife and Minor Son to Maintenance — Separate Living — Justification — Paras 16–21
Where wife establishes neglect and failure on part of husband and shows justification for living separately, entitlement under Section 18 of the Hindu Adoptions and Maintenance Act, 1956 is substantive and enforceable. Minor son’s right under Section 20 is absolute.
Absence of any legal notice or bona fide effort by husband seeking restitution of conjugal rights supports inference of neglect.
B. Quantum of Maintenance — Appellate Interference — Paras 21–22
Maintenance of ₹5,000/- per month each for past period (three years preceding suit) and additional ₹3,000/- per month each towards future maintenance, in addition to amount awarded under Section 125 Cr.P.C., held reasonable considering socio-economic conditions and cost of living.
Appellate Court will not interfere unless quantum is manifestly excessive or arbitrary.
C. Creation of Charge Over Property — Legality — Para 22
Where husband has 1/3rd share in joint family properties, creation of charge to secure maintenance is permissible and in furtherance of statutory right of wife and minor child.
D. Award of Interest — Applicability of Section 34 CPC — Paras 23–31
Family Court decrees (other than Chapter IX Cr.P.C.) are executable as civil decrees (Section 18, Family Courts Act). By virtue of Section 10 of the Act, CPC applies.
Section 34 CPC governs award of interest:
-
Pendente lite interest — discretionary.
-
Post-decretal interest — ordinarily capped at 6% per annum (unless commercial transaction).
Award of 12% p.a. interest on past maintenance modified to:
-
9% p.a. from 11.03.2013 to 10.06.2018 (date of decree);
-
6% p.a. thereafter till realization.
GIST OF THE CASE
The wife and minor son filed FCOP No.114 of 2013 seeking:
-
Past maintenance of ₹5,000/- per month each for three years preceding suit (₹3,60,000/- total);
-
Future maintenance;
-
Creation of charge over husband’s properties.
Family Court allowed the petition and granted:
-
Past maintenance of ₹3,60,000/- with 12% p.a. interest;
-
Future maintenance of ₹3,000/- per month each in addition to earlier maintenance under Section 125 Cr.P.C.;
-
Charge over husband’s share in properties.
In appeal, the husband challenged:
-
Justification for separate living;
-
Quantum of maintenance;
-
Rate of interest;
-
Creation of charge.
Division Bench held:
-
Wife justified in living separately;
-
Husband had sufficient means;
-
Quantum reasonable;
-
Creation of charge proper;
-
Interest at 12% excessive and contrary to Section 34 CPC scheme.
PRINCIPLES LAID DOWN
-
Right to maintenance under Section 18 HAMA is substantive and enforceable.
-
Minor child’s entitlement under Section 20 is absolute.
-
Maintenance can be granted for three years preceding suit (subject to limitation).
-
Family Court decrees attract CPC provisions regarding execution and interest.
-
Post-decretal interest ordinarily cannot exceed 6% in non-commercial matters.
-
Creation of charge over husband’s property is permissible to secure maintenance decree.
DISPOSITION
Appeal Partly Allowed.
-
Past maintenance of ₹3,60,000/- confirmed.
-
Interest modified:
-
9% p.a. (11.03.2013 to 10.06.2018),
-
6% p.a. thereafter till realization.
-
-
Future maintenance of ₹3,000/- each (in addition to existing maintenance) confirmed.
-
Creation of charge confirmed.
-
No order as to costs.
2025:APHC:282079
No comments:
Post a Comment