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2026 Supreme(Online)(SC) 537

SUPREME COURT OF INDIA
Pankaj Mithal, S.V.N. Bhatti, JJ
Amit Bhatia – Appellant
Versus
Priya Bhatia – Respondent
Petition for Special Leave to Appeal (Crl.) No. 16370/2024 | Diary No. 46145/2024



Advocates:
For the Appellants/Petitioners: P.V. Dinesh, Rohit Rattu, Gaurav Gupta, Jaideep Singh Sethi, Anna Oommen, Rajesh Kumar Chaurasia, Surya Pratap, Nitin Kumar Gupta, Navpreet Kaur, R.K. Tarun, Hemant Jain, Chand Qureshi, Rajiv Ranjan Tiwari, Khushi Gupta, Pradeep Shekhawat
For the Respondents: R.K. Tarun, Hemant Jain, Khushi Gupta, Rajiv Ranjan Tiwari, Chand Qureshi

The Supreme Court will not interfere with concurrent findings of lower courts regarding the quantum of interim maintenance in a sound exercise of discretion under Article 136 of the Constitution, provided there is a prima facie basis for the financial assessment of the paying spouse.

Headnote:The present special leave petition arises in the context of interim maintenance awarded to a wife and two children pursuant to the provisions of the Code of Criminal Procedure, 1973. The Family Court directed a monthly maintenance payment, which was subsequently affirmed by the High Court based on an assessment of the petitioner's monthly salary. The petitioner challenged the impugned order of the High Court. Following a review, the Court addressed whether interference with the existing quantum of interim maintenance was warranted under Article 136 of the Constitution of India. The Court reasoned that given the prima facie findings regarding the petitioner's earnings, there was no justification to disturb the concurrent findings of the lower courts. The Special Leave Petition was dismissed with a direction to the Family Court to conclude the final proceedings as per the relevant statutory provisions expeditiously.

Table of Content
1. procedural compliance for condoning delays in filing. (Para 1 , 2)
2. non-interference with interim maintenance orders based on existing income prima facie evidence. (Para 3 , 4 , 5)
3. direction for expedited final adjudication of maintenance claims. (Para 6 , 7)

O R D E R

1. Delay condoned in Diary No. 46145/2024.

2. Heard learned counsel for the parties.

3. The Family Court by an order dated 30.05.2024 awarded interim maintenance at the rate of Rs. 48,000 (Rupees forty-eight thousand only) per month to each of the applicant i.e., wife and two children cumulatively amounting to Rs. 1,44,000/-(Rupees one lakh forty-four thousand only) with effect from the date of the application i.e., 13.01.2017. The aforesaid order has been confirmed by the High Court by the order impugned dated 18.10.2024.

4. The High Court has returned a prima facie finding that the petitioner is drawing salary of around Rs. 2,50,000/- (Rupees Two lakh and Fifty Thousand Only) and therefore, the amount of interim maintenance is not liable to be interfered with.

5. In the facts and circumstances of the case, we see no reason to interfere with the impugned order(s) in exercise of our power under Article 136 of the Constitution of India.

6. Accordingly, the Special Leave Petitions stand dismissed with direction to the Family Court to proceed and decide the maintenance matter filed under Section 125 of the Code of Criminal Procedure, 1973 finally, in accordance with law, most expeditiously, preferably within a period of six months.

7. Pending application(s), if any, shall stand disposed of.

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