No Maintenance No Divorce Ruled by Karnataka High Court
In a recent decision, the Karnataka High Court ruled in favor of a wife who had filed a petition seeking to stay her husband’s divorce proceedings until he cleared all arrears of maintenance, which had been previously awarded by the Family Court. The husband had initiated divorce proceedings before the Family Court, and the wife subsequently filed for interim maintenance under Section 24 of the Hindu Marriage Act, 1955.
By an order dated 14.03.2019, the Family Court granted the wife interim maintenance of ₹15,000 per month for herself and her minor daughter from the date of the application (15.07.2016) until the final disposal of the main divorce petition. Additionally, the court ordered a one-time payment of ₹30,000 towards litigation expenses. The husband was directed to pay the arrears of interim maintenance in a lump sum within one month.
However, the husband defaulted on his payments, failing to pay both the interim maintenance and the arrears despite the court’s order. Aggrieved by her husband’s non-compliance, the wife approached the Family Court by filing an application under Section 151 of the Civil Procedure Code (CPC), seeking a stay on the divorce proceedings until the arrears were cleared. The Family Court, however, dismissed her application, stating that there was no provision under the CPC to stay proceedings merely because of non-payment of interim maintenance. Discontented with the Family Court’s rejection, the wife approached the Karnataka High Court in a writ petition.
During the arguments, the wife relied on the Karnataka High Court’s judgment in H.K. Vijaykumar v. Smt. Rajini (W.P. No. 36859/2018 dated 31.10.2018), where the court had ruled that divorce proceedings could be stayed if the husband defaulted on the payment of maintenance awarded by the Family Court. In this case, the court held that non-payment of interim maintenance could justify a stay of divorce proceedings under Section 151 CPC, which empowers the court to pass orders necessary for the ends of justice.
The Karnataka High Court, while considering the wife’s petition, referred to H.K. Vijaykumar v. Smt. Rajini as an important precedent, reinforcing that a husband cannot be allowed to proceed with divorce litigation while neglecting his financial obligations towards his wife and children. The court observed that a stay on the divorce proceedings in such cases would ensure that the husband’s duty to provide for his wife is met before he continues with his plea for divorce.
The Hon’ble Karnataka High Court, relying on the inherent powers vested under Section 151 CPC, held that courts are empowered to stay proceedings in the interest of justice, especially when there is a clear violation of maintenance orders. In this case, the husband’s failure to clear the arrears of interim maintenance was deemed as a substantial reason for staying the divorce proceedings.
Thus, the High Court granted the wife’s plea and stayed the divorce proceedings until the husband paid all outstanding arrears of maintenance and interim maintenance. This decision highlights the court’s firm stance on ensuring that maintenance orders are followed, safeguarding the financial security of the wife and children during matrimonial disputes.
Nitish Banka is an advocate practicing in Supreme Court of India and can be reached at nitish@lexspeak.in or 9891549997
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