SC Orders Employer to Deduct Rs 25,000 Monthly After Husband Refuses to Pay Maintenance

NEW DELHI:
In a rare order, the Supreme Court has directed the employer of a man to deduct Rs 25,000 every month from his salary towards maintenance for his estranged wife and their four-year-old daughter after he refused to pay any amount voluntarily.

A bench of Justices J.B. Pardiwala and K.V. Viswanathan passed the direction while hearing a transfer petition filed by Dimpal against her husband, Nishant Pravinbhai Soni, seeking transfer of a suit pending before a family court in Gujarat’s Bhuj-Kachchh.

The Justice Pardiwala-led Bench noted that despite an earlier direction issued on December 16, 2025, the husband had failed to deposit Rs 25,000 towards the travelling expenses of his wife and minor daughter for mediation proceedings.

“It is unfortunate to note that the husband has not even bothered to deposit an amount of Rs 25,000 towards travelling expenses, etc. of his wife and minor daughter as ordered by us,” the apex court observed.

It also recorded that the husband had neither supported his wife financially nor maintained contact with the child.

“Till this date, the husband has not bothered to pay a single penny to his wife or even for his minor daughter. Unfortunately, he has not even seen his minor daughter for the past four years,” the order said.

During the hearing, the bench examined an affidavit filed by the husband stating that his monthly salary was Rs 50,000 and his annual income was Rs 6 lakh. The affidavit also claimed that he had no significant assets and was facing financial liabilities, including loan repayments. However, when the top court asked whether he was willing to deposit Rs 2.5 lakh, including Rs 1.38 lakh towards arrears of interim maintenance, the husband declined.

“In such circumstances, we are left with no other option but to direct the employer of the respondent-husband… that an amount of Rs 25,000 shall be deducted per month from the salary,” the bench ordered.

It directed the employer, Rishad Shipping and Clearing Agency Pvt. Ltd., to transfer the deducted amount through RTGS to the bank account of the petitioner-wife.

The Supreme Court said the direction was necessary, keeping in mind the welfare of the couple’s minor daughter, who is being cared for solely by her mother.

“We are much concerned about the welfare and the maintenance of minor daughter Avira… and the petitioner-mother is taking care of Avira single-handedly,” the Justice Pardiwala-led Bench observed.

The apex court was informed that the petitioner’s father had passed away and that she is presently residing with her uncle along with her minor child.

Earlier, the Supreme Court had observed that the parties had been living separately since 2022 and described the case as one of “irretrievable breakdown of marriage”.

It had referred the matter to the Supreme Court Mediation Centre to explore a lump-sum settlement after the wife had sought Rs 40 lakh as full and final settlement. The matter has been posted for April 21 to report compliance with the directions issued by the top court.