Courts must award interest on maintenance payable by husbands, fathers: Bombay High Court

Courts are expected to impose interests on maintenance that is to be paid by husbands and fathers to their wives or children, the Bombay High Court recently ruled [Prakash Eknath Dheple vs Vithabai Prakash Dheple]..The High Court passed the order while lamenting about husbands or fathers who fail to pay maintenance due to their wives or children for years together. Justice Sanjay A Deshmukh reasoned that this happens because there is no fear of the consequences that may arise if maintenance orders are not complied with. "The trial Courts are not awarding interest on maintenance amount. There is no any legal ban to award interest on that amount of maintenance. The husbands or fathers are many a times are not depositing the arrears of maintenance for years together. They have no fear or burden to payment of interest on that amount of maintenance. It is a serious legal mischief in mischief," the May 10 judgment stated..The High Court, therefore, opined that the district judiciary is expected to impose interest on the amount of maintenance awarded to women and children in order to address such lapses."Therefore, Courts of District Judiciary are expected to award interest on the amount of maintenance, so that these weaker sections of the society will get their maintenance amount expeditiously. It will serve the purpose of speed(y) justice. Thus, in order to secure their rights fully, effectively and speedily which is an object of justice, interest must be awarded which is rationally expected. Their amount of maintenance shall not remain in the hands of the other side which deprives them for maximum period from it. Thus, it is now mandatory to award interest on the amount of maintenance; for that this judgment shall be circulated to the District Judiciary of Maharashtra," the judge ordered..The High Court passed the judgment while dismissing a plea filed by a man against an order directing him to pay ₹1,500 as monthly maintenance for his wife and ₹2,000 as maintenance for their son. After a family court rejected his plea to set aside this direction, he filed a revision application before the High Court. The husband contended that his wife had fraudulently obtained the maintenance order as she had suppressed a material fact that she was earning about ₹12,000 - ₹15,000 in a private company.The wife refuted the said contentions and highlighted that the husband was a government servant. She added that the maintenance amounts ordered to be paid by him were meagre and did not meet the needs of the family..The High Court noted that though there is evidence to show that the wife was employed with a salary of ₹3,500 per month. However, the Court said that this is not enough to take away the husband's liability to pay maintenance."Merely because the wife is earning the husband cannot be exonerated from the liability to pay the maintenance amount," the Court remarked.The Court added that the maintenance amount ordered to be paid by the man was meagre."It is meagre amount of ₹1,500 and ₹2,000 per month. It was not possible for them to maintain themselves out of it. Therefore, merely because she is doing a job in private company the husband who is able bodied husband and father cannot be exonerated from the liability to pay the maintenance. On this ground, suppressing material fact does not extinguish right of maintenance," the Court held.It proceeded to dismiss the main's revision plea and also imposed costs of ₹ 5,000 on him."If it is not deposited, the trial Court/Executing Court may proceed further as per law for recovery of that amount with 9% p.a. interest from 1 st July, 2024," the Court added.The Court reasoned that the cost amount was imposed since the wife and son would have incurred some expenses for contesting the instant revision plea..The revision applicant appeared as party-in-person.Advocate Madhav K Jadhav represented the wife..[Read Judgment]