Supreme Court directs employer to deduct Rs 25,000 from husband’s salary & deposit in wife’s account after he declines to pay maintenance

deduct wife's maintenance from husband's salary

Supreme Court: In considering this marital dispute, wherein the Court took note of husband’s failure to pay travelling expenses, etc., of Rs. 25,000 to his wife and minor daughter as previously ordered by the Court; the Division Bench of J.B. Pardiwala and K.V. Viswanathan, JJ., perusing the afore-stated circumstances, directed the husband’s employer, namely, Rishad Shipping and Clearing Agency Pvt. Ltd., to deduct Rs 25,000 per month from the husband’s salary and transfer this amount via RTGS to the wife’s account.

Court’s Order dated 16-12-2025:

At the outset, the Court took note of its order dated 16-12-2025, wherein it had pointed out that the couple have been living separately since 2022, have a 4-year-old daughter and that, “the husband has not bothered to pay a single penny to his wife or even for his minor daughter. Unfortunately, he has not even seen his minor daughter past four years”. Therein the Court had pointed out that there has been an irretrievable breakdown of marriage, and the wife had clarified that she would not like to go back to her matrimonial home and had stated her expectation of Rs 40 Lakhs being the amount for full and final settlement.

Thus, the Court had directed the husband to deposit Rs 25,000 with the Court’s Registry towards travelling expenses, etc., of his wife and minor daughter. It was further noted that the matter had been referred for mediation for the purpose of working out one lump sum reasonable figure towards full and final settlement.

Court’s Assessment leading to the Present Order:

Taking note of the afore-stated directions, the Court observed that that despite the order directing the husband to deposit Rs 25,000 with the Court Registry, the husband however, had not bothered to deposit the amount.

It was further noted that there was an order of interim maintenance passed by the Court of 8th Additional Chief Judicial Magistrate, Nashik way back in the year 2024. As regards interim maintenance, the Court was informed that the husband had arrears to the tune of Rs.1,38,000. The Court then noted that the husband has been working in Rishad Shipping and Clearing Agency Pvt. Ltd. Perusing the husband’s affidavit as to his income, the Court observed that his total salary per month is Rs 50,000 with annual income being Rs 6 Lakhs.

The Court stated that upon enquiring with the husband as to whether he is ready and willing to deposit an amount of Rs 2,50,000 inclusive of Rs.1,38,000 towards arrears of interim maintenance. However, husband had outright declined to pay anything for maintenance to his wife and minor daughter.

Therefore, in face of the afore-stated circumstances, the Court stated that, “We are left with no other option but to direct the employer of the respondent-husband”, to deduct Rs 25,000 from husband’s salary and deposit into wife’s account via RTGS.

The Court further expressed its concern over the minor daughter of the couple and noted that the wife is single-handedly looking after the child’s welfare. The matter has been posted on 21-4-2026 for report on compliance with the present directions.

[D v. N, Transfer Petition (Civil) No.3147/2024, order dated 27-2-2026]


Advocates who appeared in this case:

For Petitioner(s): Mr. Siddharth S. Chapalgaonkar, Adv. Mr. Parag R. Malwadkar, Adv. Ms. Sneha Sanjay Botwe, Adv. Mr. Akash Tripathi, Adv. Mr. Nitesh Ranjan AOR

For Respondent(s): Mr. Jayprakash Bansilal Somani, Adv. Mr. Manoj Kumar Chowdhary, Adv. Mr. Rajnish Kumar, Adv. Mr. Jeevan R. Patil, Adv. Ms. Ekta Verma, Adv. Ms. Shruti Kriti, Adv. Ms. Pooja Agarwal, Adv. Ms. Shisba Chawla, AOR

Join the discussion

Leave a Reply

Your email address will not be published. Required fields are marked *

This site uses Akismet to reduce spam. Learn how your comment data is processed.