Supreme Court orders salary deduction for wife, child maintenance


Daijiworld Media Network - New Delhi

New Delhi, Mar 5: In an unusual directive, the Supreme Court of India has ordered the employer of a man to deduct Rs 25,000 from his monthly salary to provide maintenance for his estranged wife and their four-year-old daughter after he failed to pay any support voluntarily.

A bench comprising justices J. B. Pardiwala and K. V. Viswanathan issued the direction while hearing a transfer petition filed by Dimpal against her husband, Nishant Pravinbhai Soni. The petition sought the transfer of a case currently pending before a family court in Bhuj-Kachchh in Gujarat.

The bench noted that despite an earlier order issued on December 16, 2025, the husband had failed to deposit Rs 25,000 to cover the travel expenses of his wife and their 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 court observed.

The court further recorded that the husband had neither provided financial support to his wife nor maintained contact with their child. According to the order, he had not contributed “a single penny” toward their maintenance and had not seen his daughter in the past four years.

During the hearing, the bench reviewed an affidavit submitted by the husband claiming that his monthly salary was ?50,000, with an annual income of Rs 6 lac. The affidavit also stated that he owned no major assets and was burdened with financial liabilities, including loan repayments. However, when the court asked whether he was willing to deposit Rs 2.5 lac — including Rs 1.38 lac in arrears of interim maintenance — he refused.

“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 ruled.

The court directed the employer, Rishad Shipping and Clearing Agency Pvt. Ltd., to transfer the deducted amount directly to the wife’s bank account through RTGS.

The bench emphasised that the order was passed keeping in mind the welfare of the couple’s daughter, Avira, who is currently being raised 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 court said.

The court was also informed that the petitioner’s father had passed away and that she is presently living with her uncle along with her daughter.

Earlier, the Supreme Court noted that the couple had been living separately since 2022 and described the situation as an “irretrievable breakdown of marriage.” The matter had been referred to the Supreme Court Mediation Centre to explore the possibility of a lump-sum settlement after the wife sought ?40 lakh as full and final compensation.

The case has now been scheduled for the next hearing on April 21, when the court will review compliance with its directions.

  

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Title: Supreme Court orders salary deduction for wife, child maintenance



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