Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2023 Supreme(Online)(SC) 5127

S. RAVINDRA BHAT, J
MANMOHAN GOPAL – Appellant
Versus
THE STATE OF CHHATTISGARH & ANR. – Respondent
MISCELLANEOUS APPLICATION NO(S). 858-859 OF 2021 IN CRIMINAL APPEAL NO(S). 85-86 OF 2021

Advocates:
For the Appellants/Petitioners: Hargovind Jha
For the Respondents: Jaspreet Gogia

The court ruled on the scope of enforcing maintenance obligations against in-laws and established its authority to ensure compliance through property attachments.

Headnote:(A) Indian Penal Code - Sections 420, 406, 468, 34, 120B; Criminal Procedure Code - Section 125(3) - Maintenance - Dismissal of anticipatory bail; Recovery of maintenance arrears sought by wife against in-laws after various legal proceedings; Court orders attachment and sale of properties for compliance with maintenance orders. (Paras 1, 4, 18)

(B) Jurisdiction under Article 142 - Court's power to do complete justice - Courts can evolve remedies within permissible limits to ensure compliance with orders and prevent injustice. (Paras 17, 18)

Facts of the case:
The petitioner’s daughter-in-law requests recovery of maintenance from her in-laws after the dissolution of her marriage. The husband has not participated in legal proceedings and has remarried while owning ancestral shop properties.

Findings of Court:
Directions for sale of ancestral properties to ensure payment of due maintenance. Continued attachment of properties until compliance. Court acknowledges the persistent defiance of maintenance obligations.

Issues: Whether the father-in-law can be held liable for daughter-in-law's maintenance after the divorce and the order of the court regarding the properties.

Ratio Decidendi: The court held that the maintenance order against the husband extends to his assets and emphasized its obligation to intervene in cases of persistent non-compliance with maintenance orders.

Result: Orders issued for property sale and maintenance compliance.

Judgement Key Points

Certainly. Based on the provided legal document, here are the key points relevant to the enforcement of maintenance obligations against in-laws and the court's authority to ensure compliance through property attachments:

The court has recognized its authority under its inherent jurisdiction to enforce maintenance orders and to take measures such as attachment and sale of properties to secure compliance (!) (!) (!) .
The court emphasized that its power under Article 142 of the Constitution allows it to do complete justice, including evolving remedies within permissible limits to prevent injustice and ensure enforcement of maintenance obligations [paras 17, 18] (!) (!) (!) .
The case demonstrates that maintenance obligations can extend beyond the primary liable party (such as the husband) to include assets of in-laws, particularly when there is persistent non-compliance and the in-laws have control over relevant properties [paras 6, 7] (!) (!) .
The court has held that properties inherited or owned by in-laws, which are under their control, can be attached and sold to satisfy maintenance arrears, especially when other modes of recovery have failed (!) (!) .
The legal framework permits the court to direct the sale of ancestral or family properties, and to maintain attachment of income from such properties, until the maintenance dues are fully paid (!) (!) .
The court’s approach is flexible and aims to prevent injustice by considering the conduct of the parties, the control over properties, and the persistent defiance of maintenance orders [paras 17, 18] (!) (!) .
The court’s authority to enforce maintenance obligations against in-laws is rooted in the recognition that such obligations can be extended to assets in their possession, especially when the primary liable party is uncooperative or has remitted assets abroad [paras 4, 5] (!) (!) .
The court has explicitly authorized the attachment and sale of properties, including ancestral shops and commercial establishments, to recover maintenance dues, and has provided detailed directions for executing such orders (!) (!) .
The court’s jurisdiction under constitutional provisions and the principles of equity allows it to take necessary measures, including property attachment, to ensure that maintenance obligations are fulfilled and to prevent injustice arising from non-compliance [paras 17, 18] (!) (!) .
Overall, the court has reaffirmed its authority to enforce maintenance orders against in-laws through property attachments and sales, especially in cases where there is a history of non-compliance and obdurate conduct by the liable parties.

Table of Content
1. initial proceedings regarding maintenance and bail. (Para 1 , 2 , 3)
2. background and issues regarding maintenance claim. (Para 4 , 5)
3. court's evaluation of compliance and enforcement. (Para 6 , 7)
4. arguments presented by parties on maintenance obligations. (Para 8 , 9 , 12 , 13)
5. final directives and court orders regarding properties. (Para 16 , 18 , 19)

JUDGEMENT

S. RAVINDRA BHAT, J.

1. With consent, heard the counsel for parties. The present miscellaneous application has been filed in one disposed of criminal appeal1 in which this court granted bail to the mother-in-law and father-in-law (Petitioners herein) of the Respondent No.2 herein (hereafter “R2” or “applicant” interchangeably) for offences under 420, 406, 468, 34, 120B of IPC.

2. The present applications are filed by the daughter in law (original complainant and R2) for recovery of both arrears of maintenance and monthly maintenance of 1,27,500. She is seeking from this court to direct to the family ₹ court of Bilaspur to decide the petition under Section 125 (3) of CrPC within 6 months on the father-in-law and mother-in-law (now deceased) on the ground that she lives with her widowed mother, on whom she is dependent for expenses, including litigation expenses.

3. The factual background of the case is that Petitioner’s son, Mr. Varun Gopal got married to R2 sometime in the year 2012-13. At the relevant time, 1 Crl. A. No.s 85-86/2021. Digitally signed by VISHAL ANAND Date: 2023.10.21 11:18:24 IST Reason:

Signature Not Verified Varun Gopal was employed in Australia. Within two years of marriage, the matrimonial relationship deteriorated leading to various legal proceedings. In response to the criminal charges pressed by R2, Varun Gopal filed anticipatory bail application, but relief was denied to him. Since then, Varun Gopal has not participated in the criminal proceedings or in the maintenance proceedings. The present petitioners also sought anticipatory bail to which orders were passed by this Court directing them to deposit Rs.40 lakhs towards arrears of maintenance. The money having been not deposited, the anticipatory bail was not granted and they were arrested. After 10 months in custody, this court by order dated 12.07.2019 directed their release on bail.

4. In addition to criminal charges, R2 also filed a maintenance2 claim in the Family Court, Bilaspur. By order dated 9.11.2016, the Trial Court granted interim maintenance in sum of 1 Lakh per month.

₹ Subsequently, the husband filed criminal revision petition3 seeking setting aside of ex-parte interim maintenance order which got dismissed in default whereas R-2 also filed criminal revision petition4 seeking an enhancement and by order dated 7.4.2021, it was enhanced to 1,27,500.

₹

5. According to the applicant, Varun Gopal is the sole heir of the petitioner and stands to inherit 11 shops in ancestral property, which the Petitioner got on the basis of Decree dated 29.5.1959. Further, Mr. Varun Gopal is settled in Australia where he obtained an ex-parte divorce decree dated 21.12.2017, by the family court of Australia. R2 has filed a suit for cancellation of divorce on 8.11.20215 in the family court of Bilaspur, which is pending disposal. In the meantime, husband has remarried and now has two kids from his second marriage.

6. Previously, this court by order dated 02.09.2021, observed the following “It is accepted by Mr. Hargovind Jha, learned Advocate for Manmohan Gopal 2 vide MJC No. 14/2016 3 CR. R. No. 90/2017 4 CR. R. No. 1102/2019 5 Bearing case No. 139/2022 that those 11 shops which had fallen to the share of Manmohan Gopal by virtue of decree passed in the year 1959 continue to be under his control and the proprietary interest has not been transferred or parted with. He also accepts that Varun Gopal being son of Manmohan Gopal and coparcener, would have interest in said 11 shops. As a matter of fact, Mr. Hargovind Jha, learned Advocate went to the extent of submitting

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2023 Supreme(Online)(SC) 5127

S. RAVINDRA BHAT, JMANMOHAN GOPAL – AppellantVersusTHE STATE OF CHHATTISGARH & ANR. – RespondentMISCELLANEOUS APPLICATION NO(S). 858-859 OF 2021 IN CRIMINAL APPEAL NO(S). 85-86 OF 2021

The court ruled on the scope of enforcing maintenance obligations against in-laws and established its authority to ensure compliance through property attachments.

Cases Referred (2)

S. RAVINDRA BHAT, J
MANMOHAN GOPAL – Appellant
Versus
THE STATE OF CHHATTISGARH & ANR. – Respondent
MISCELLANEOUS APPLICATION NO(S). 858-859 OF 2021 IN CRIMINAL APPEAL NO(S). 85-86 OF 2021