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The Supreme Court has directed a retired Assistant Manager of public sector BSNL to pay Rs 20,000 per month as maintenance to his wife, noting that he had married another woman in 2007 after obtaining ex parte decree of divorce.

A bench of Justices Vikram Nath and Satish Chandra Sharma modified the Rajasthan High Court's order which had enhanced the amount to Rs 10,000 per month.

In the case, the marriage between the parties was solemnised on April 27, 1982. Three children came to borne out of the wedlock. In 1998 marriage encountered complications which led to the parties residing separately. The man chose to reside with two adult sons. The wife left the man with a minor daughter to fend for themselves.

The man filed an application under Section 13 of the Hindu Marriage Act, 1955 seeking dissolution of the marriage between the parties. On May 31, 2005, an ex-parte decree was passed in favour of the man. Thereafter, he married another lady on July 20, 2007. 

The woman preferred an application before the Family Court, Jaipur seeking maintenance under Section 18 and Section 20 of the Hindu Adoption and Maintenance Act, 1956. On April 15, 2009, the Family Court, Jaipur allowed her application, and accordingly granted maintenance as Rs 3,000 per month to her and Rs 5,000 per month for the daughter until she attained the age of majority.

She also filed an application under Order 9 Rule 13 of the Code of Civil Procedure, 1908. On September 09, 2011, the ex-parte order decreeing the divorce in favour of the man was set aside; and accordingly, the application under Section 13 of the HMA preferred by the man was restored. 

In the present appeal, the woman drew the attention of the court to the considerable salary that the man was drawing from BSNL, whilst dragging his feet in relation to his obligations qua maintenance.

She said the man's salary has increased significantly. An RTI reply from BSNL revealed that the man was last drawing a handsome salary of Rs 1,05,871 per month while serving as Assistant Manager, BSNL. Accordingly, she asked the court to further enhance the maintenance awarded by the High Court. She also said that the arrears of maintenance have not been paid to the man despite a categorical direction from the High Court.

The man, on his part, said he has since attained the age of superannuation and no longer received the salary. Since he was only drawing pension from BSNL, the maintenance granted by the High Court ought not to be interfered with. 

The bench, however, said, "Considering the position of the parties and the totality of circumstances surrounding the present appeal, we are of the considered view that the Appellant should be granted a sum of Rs 20,000 per month as maintenance with effect from the date of this order."

The court, thus, allowed the appeal preferred by the wife and enhanced the monthly maintenance.

It also directed the Family Court to fix the arrears payable in respect of the maintenance in equal instalments in addition to the regular maintenance as quantified by keeping in mind that the amount should not exceed 50% of the pension. The court also asked the Family Court to direct the BSNL to ensure the total amount, regular maintenance and additional sum, is credited to the wife's account on an identified date every month.

Case Title: YAGWATI @ POONAM vs. GHANSHYAM