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Jaiminiben Hirenbhai Vyas And Another v. Hirenbhai Rameshchandra Vyas And Another
Factual and Procedural Background
The appellant wife and her minor daughter sought maintenance under Section 125 of the Code of Criminal Procedure, 1973 (CrPC) and Section 24 of the Hindu Marriage Act, 1955 (HM Act). The Family Court initially awarded interim maintenance of Rs 6000 per month under Section 125 CrPC to the wife and daughter, and Rs 3000 per month under Section 24 HM Act. In its final order dated 31-01-2009, the Family Court fixed permanent maintenance of Rs 5000 per month only for the daughter, denying further maintenance to the wife on the ground that she had been employed before marriage and was capable of earning her livelihood. The High Court reversed this aspect, granting the wife Rs 5000 per month but made the order operative only from the date of its judgment rather than from the date of the original application. The wife and minor daughter appealed to the Supreme Court limited to the question of the effective date of maintenance.
Legal Issues Presented
- Whether courts, while acting under Section 125 CrPC, must provide reasons for choosing to make a maintenance order operative from the date of the order rather than from the date of the application.
- Whether, on the facts of this case, maintenance payable to the appellant wife should take effect from the date of her application or only from the date of the High Court’s order.
Arguments of the Parties
The opinion does not contain a detailed account of the parties' legal arguments.
Table of Precedents Cited
| Precedent | Rule or Principle Cited For | Application by the Court |
|---|---|---|
| Shail Kumari Devi v. Krishan Bhagwan Pathak, (2008) 9 SCC 632 | A Magistrate may award maintenance under Section 125 CrPC from the date of the application; if so, the order must record reasons. | The Supreme Court relied on this ruling to hold that the High Court erred in commencing maintenance only from the date of its order without assigning reasons, and that maintenance could appropriately be granted from the date of the application. |
Court's Reasoning and Analysis
The Court examined Section 125 CrPC alongside Section 354(6) CrPC, which requires every final order under Section 125 to state the points for determination, the decision thereon, and the reasons for the decision. The combination of these provisions obliges a court to consider both possible operative dates—application or order—and to explain its choice.
Referring to Shail Kumari Devi, the Court reiterated that it is not a “normal rule” to start maintenance only from the date of the order; either date may be chosen provided reasons are recorded. In the present case, the High Court furnished no reason for limiting maintenance to the date of its judgment. Given the findings that the appellant ceased working after marriage, bore two children, and had no income during cohabitation, the circumstances justified relief from the date of the original application. The Supreme Court therefore found the High Court’s approach unsustainable.
Holding and Implications
HELD: The appeal is allowed. Maintenance awarded to the appellant wife under Section 125 CrPC shall be payable from the date of her application, not merely from the date of the High Court’s order. Maintenance granted under Section 24 HM Act remains unchanged.
Implications: The decision reinforces that courts must articulate reasons when fixing the commencement date of maintenance under Section 125 CrPC and affirms that, where justified, maintenance can and should relate back to the date of application to prevent destitution of dependants. No new legal precedent is created, but the judgment underscores the mandatory reasoning requirement of Section 354(6) CrPC.
S.A Bobde, J.— Leave granted. This appeal has been preferred by a wife and a minor daughter. The Family Court directed payment of interim maintenance to the wife and minor daughter @ Rs 6000 per month under Section 125 of the Code of Criminal Procedure, 1973 (hereinafter referred to as “CrPC”). Interim maintenance was also ordered under Section 24 of the Hindu Marriage Act, 1955 (hereinafter referred to as “the HM Act”) @ Rs 3000 per month payable to both. Eventually, the Family Court disposed of the maintenance proceedings finally by the order dated 31-1-2009. By this order the Family Court granted maintenance in favour of the daughter @ Rs 5000 per month from the date of judgment. The Family Court, however, took the view that the appellant wife would not be entitled to receive any amount more than the interim maintenance which she is receiving under the HM Act.
2. On the appellant's application for maintenance made for herself and her children, the Family Court granted maintenance in the sum of Rs 5000 only to her daughter under Section 125 CrPC. The son was living with the father who was maintaining him and was therefore not granted maintenance. The main ground for denying maintenance to the appellant was that she was found to have been working before her marriage and the Family Court was of the view that she could earn her living even now after the separation and therefore she was denied maintenance. This view did not find favour with the High Court, which noted that the appellant had stopped working after her marriage and had given birth to two children. She had been only looking after the family and had therefore stopped working. The High Court thus reversed 2010 SCC OnLine Guj 12533 the order of the Family Court and granted maintenance in the sum of Rs 5000. This was however granted from the date of the order.
3. We have given our anxious consideration to the order 2010 SCC OnLine Guj 12533 of the High Court but find it difficult to uphold the direction that the maintenance should be paid only from the date of the order. The High Court has not given any reason why it has not directed maintenance from the date of the application for maintenance.
4. The relevant part of Section 125 reads as follows:
“125. Order for maintenance of wives, children and parents.—(1) If any person having sufficient means neglects or refuses to maintain—
(a) his wife, unable to maintain herself, or
(b) his legitimate or illegitimate minor child, whether married or not, unable to maintain itself,
or
(c) his legitimate or illegitimate child (not being a married daughter) who has attained majority, where such child is, by reason of any physical or mental abnormality or injury unable to maintain itself, or
(d) his father or mother, unable to maintain himself or herself,
a Magistrate of the First Class may, upon proof of such neglect or refusal, order such person to make a monthly allowance for the maintenance of his wife or such child, father or mother, at such monthly rate, as such Magistrate thinks fit, and to pay the same to such person as the Magistrate may from time to time direct:
Provided that the Magistrate may order the father of a minor female child referred to in clause (b) to make such allowance, until she attains her majority, if the Magistrate is satisfied that the husband of such minor female child, if married, is not possessed of sufficient means:
Provided further that the Magistrate may, during the pendency of the proceeding regarding monthly allowance for the maintenance under this sub-section, order such person to make a monthly allowance for the interim maintenance of his wife or such child, father or mother, and the expenses of such proceeding which the Magistrate considers reasonable, and to pay the same to such person as the Magistrate may from time to time direct:
Provided also that an application for the monthly allowance for the interim maintenance and expenses for proceeding under the second proviso shall, as far as possible, be disposed of within sixty days from the date of the service of notice of the application to such person.
Explanation.—For the purposes of this Chapter—
(a) ‘minor’ means a person who, under the provisions of the Indian Majority Act, 1875 (9 of 1875), is deemed not to have attained his majority;
(b) ‘wife’ includes a woman who has been divorced by, or has obtained a divorce from, her husband and has not remarried.
(2) Any such allowance for the maintenance or interim maintenance and expenses of proceeding shall be payable from the date of the order, or, if so ordered, from the date of the application for maintenance or interim maintenance and expenses of proceeding, as the case may be.”
The provision expressly enables the Court to grant maintenance from the date of the order or from the date of the application. However, Section 125 CrPC must be construed with sub-section (6) of Section 354 CrPC which reads thus:
“354. Language and contents of judgment.—***
(6) Every order under Section 117 or sub-section (2) of Section 138 and every final order made under Section 125, Section 145 or Section 147 shall contain the point or points for determination, the decision thereon and the reasons for the decision.”
(emphasis supplied)
Therefore, every final order under Section 125 CrPC [and other sections referred to in sub-section (c) of Section 354] must contain points for determination, the decision thereon and the reasons for such decision. In other words, Section 125 and Section 354(6) must be read together.
5. Section 125 CrPC, therefore, impliedly requires the court to consider making the order for maintenance effective from either of the two dates, having regard to the relevant facts. For good reason, evident from its order, the court may choose either date. It is neither appropriate nor desirable that a court simply states that maintenance should be paid from either the date of the order or the date of the application in matters of maintenance. Thus, as per Section 354(6) CrPC, the court should record reasons in support of the order passed by it, in both eventualities. The purpose of the provision is to prevent vagrancy and destitution in society and the court must apply its mind to the options having regard to the facts of the particular case.
6. In Shail Kumari Devi v. Krishan Bhagwan Pathak (2008) 9 SCC 632 this Court dealt with the question as to from which date a Magistrate may order payment of maintenance to wife, children or parents. In Shail Kumari Devi (2008) 9 SCC 632 this Court considered a catena of decisions by the various High Courts, before arriving at the conclusion that it was incorrect to hold that, as a normal rule, the Magistrate should grant maintenance only from the date of the order and not from the date of the application for maintenance. It is, therefore, open to the Magistrate to award maintenance from the date of application. The Court held, and we agree, that if the Magistrate intends to pass such an order, he is required to record reasons in support of such order. Thus, such maintenance can be awarded from the date of the order, or, if so ordered, from the date of the application for maintenance, as the case may be. For awarding maintenance from the date of the application, express order is necessary.
7. In the case before us, the High Court has not given any reason for not granting maintenance from the date of the application. We are of the view that the circumstances eminently justified grant of maintenance with effect from the date of the application in view of the finding that the appellant had worked before marriage and had not done so during her marriage. There was no evidence of her income during the period the parties lived as man and wife. We, therefore reverse the order 2010 SCC OnLine Guj 12533 of the High Court in this regard and direct that the respondent shall pay the amount of maintenance found payable from the date of the application for maintenance. As far as maintenance granted under Section 24 of the HM Act by the courts below is concerned, it shall remain unaltered. Accordingly, the appeal is allowed.
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