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SUPREME COURT OF INDIA
DIPAK MISRA, ROHINTON FALI NARIMAN, UDAY UMESH LALIT, JJ.
Reema Salkan - Appellant
Versus
Sumer Singh Salkan - Respondent
Criminal Appeal Nos. 2347-2349 of 2014 (Arising Out of S.L.P. (Criminal) Nos. 4275-4277 of 2014)
Decided On : 28-10-2014
Maintenance - Interim Maintenance - Delay in Adjudication
Fact of the Case:
The court granted the appellant interim maintenance of Rs. 20,000 per month, directed expedited disposal of the main maintenance application, and ordered release of 50% of the security deposit by the husband to the appellant.
Finding of the Court:
The court found that delay in adjudication of maintenance matters exhibits lack of sensitivity to the issue and directed for expedited disposal of the main application. It also ordered release of 50% of the security deposit to the appellant due to the delay in adjudication.
Issues: Delay in adjudication of maintenance matters, interim maintenance, release of security deposit
Ratio Decidendi: The court emphasized the need for timely adjudication of maintenance matters and granted interim relief to the appellant due to the delay. It also directed for release of 50% of the security deposit to address the delay in adjudication.
Final Decision: The court granted interim maintenance to the appellant, directed expedited disposal of the main maintenance application, and ordered release of 50% of the security deposit to the appellant.
ORDER :
1. Delay condoned.
2. Leave granted.
3. Having heard Ms. Reema Salkan, appellant-in-person and Ms. Malavika Rajkotia, learned counsel for the respondent -husband, we are of the considered opinion that the cause of justice would be sub-served if the appellant is granted a sum of Rs. 20,000/-(Rupees Twenty Thousand Only) per month as interim maintenance commencing November 1, 2014. The said amount shall be paid by way of bank draft in the name of the appellant by the husband. The main application for grant of maintenance which is pending before the learned Family Judge forming the subject matter of M.C. No. 126 of 2014 shall be disposed of within a period of three months hence.
4. We have been apprised that the learned Family Judge who was hearing the matter has been transferred. Regard being had to the said fact, it is directed that the learned District Judge, Rohini District Court, Delhi shall allot the said case to another Family Court Judge who shall dispose of the same within the stipulated time and send the requisite intimation thereof to the Registry of this Court. Be it stated, there is no justification for delaying the decision in a maintenance matter, for such delay clearly exhibits lack of sensitivity to the issue.
5. At this juncture, we have been apprised that in pursuance of the order passed by the High Court, the respondent – husband had deposited certain sum before the High Court towards security. Keeping in view the factum of delay in adjudication and also taking note of the submissions made by the wife, we direct that 50% of the amount which was deposited before the High Court shall also be released in favour of the appellant by the Registry of the High Court of Delhi within a week hence. Needless to say, the same shall be a matter of determination at the time of final disposal of the main application. Learned Family Judge is also advised to take into consideration whether there would be some arrears of maintenance in computation of the interim maintenance fixed by the Family Court as well as by the High Court and pass appropriate orders while disposing the main application.
6. With the aforesaid observations and directions, the Appeals stand disposed of.
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