Supreme Court Orders Sale of Father-in-Law’s Property to Clear Daughter-in-Law’s Maintenance Arrears: Manmohan Gopal vs. State of Chhattisgarh (20 October 2023)

Introduction

Date of the Judgment: 20 October 2023

Citation: 2023 INSC 953

Judges: S. Ravindra Bhat, J. and Ara Vind Kumar, J.

What happens when a husband abandons his wife and refuses to pay court-ordered maintenance? Can the court reach the husband’s family to ensure the wife receives what she is due? The Supreme Court of India recently addressed this complex issue in a case where a daughter-in-law sought to recover substantial maintenance arrears from her father-in-law, after her husband failed to pay. This case highlights the court’s willingness to use its powers to ensure justice is served, especially in cases of family disputes.

Case Background

The case involves a protracted legal battle between a daughter-in-law (R2), and her father-in-law, Manmohan Gopal. R2 married Mr. Varun Gopal, the petitioner’s son, in 2012-13. Within two years, their relationship deteriorated, leading to multiple legal proceedings. Varun Gopal, who was employed in Australia, did not participate in the criminal or maintenance proceedings. R2 filed criminal charges against her husband, and also sought maintenance from the Family Court, Bilaspur.

The Family Court initially granted interim maintenance of ₹1 lakh per month, which was later enhanced to ₹1,27,500. The father-in-law and mother-in-law were also involved, and the Supreme Court had previously ordered them to deposit ₹40 lakhs towards arrears of maintenance, which they failed to do. The father-in-law was arrested and spent 10 months in custody, before being released on bail.

R2 claimed that her husband, Varun Gopal, is the sole heir to his father’s ancestral property, which includes 11 shops. She also stated that her husband obtained an ex-parte divorce decree in Australia in 2017, which she is contesting in the Family Court in Bilaspur. Meanwhile, her husband remarried and has two children from his second marriage.

Timeline

Course of Proceedings

The Family Court in Bilaspur initially granted interim maintenance to R2. Her husband filed a criminal revision petition to set aside the ex-parte interim maintenance order, which was dismissed. R2 also filed a criminal revision petition seeking an enhancement of the maintenance amount, which was granted, increasing it to ₹1,27,500.

The Supreme Court previously directed the attachment of 11 shops owned by the father-in-law, based on his consent, to ensure payment of maintenance arrears. However, the auction of these shops was unsuccessful due to tenants occupying the premises.

Legal Framework

The Supreme Court considered the following legal provisions:

• Section 19 of the Hindu Marriage Act, 1955 (HMA): This section deals with the maintenance of a widowed daughter-in-law. It states that a Hindu wife is entitled to be maintained by her father-in-law after her husband’s death, provided she cannot maintain herself from her own earnings or property, or from her husband’s estate, or from her own parents, or from her children. The obligation is not enforceable if the father-in-law does not have the means from coparcenary property in his possession out of which the daughter-in-law has not obtained any share.
  
  “19. Maintenance of widowed daughter-in-law. —
  (1)A Hindu wife, whether married before or after the commencement of this Act, shall be entitled to be
  maintained after the death of her husband by her father-in-law: Provided and to the extent that she is unable to
  maintain herself out of her own earnings or other property or, where she has no property of her own, is unable to
  obtain maintenance—
  (a) from the estate of her husband or her father or mother, or
  (b)from her son or daughter, if any, or his or her estate.
  (2) Any obligation under sub-section (1) shall not be enforceable if the father-in-law has not the means
  to do so from any coparcenary property in his possession out of which the daughter-in-law has not obtained any
  share, and any such obligation shall cease on the re-marriage of the daughter-in-law.”
• Section 25 of the Hindu Marriage Act, 1955 (HMA): This section pertains to permanent alimony and maintenance. It allows a court to order the respondent to pay the applicant a gross sum or monthly/periodical sum for maintenance, considering the respondent’s income, property, and the conduct of the parties.
  
  “25. Permanent alimony and maintenance –
  (1)Any court exercising jurisdiction under this Act may, at the time of passing any decree or at any time
  subsequent thereto, on application made to it for the purpose by either the wife or the husband, as the case may
  be, order that the respondent shall pay to the applicant for her or his maintenance and support such gross sum or
  such monthly or periodical sum for a term not exceeding the life of the applicant as, having regard to the
  respondent’s own income and other property, if any, the income and other property of the applicant [the conduct
  of the parties and other circumstances of the case], it may seem to the court to be just, and any such payment
  may be secured, if necessary, by a charge on the immovable property of the respondent.
  (2) If the court is satisfied that there is a change in the circumstances of either party at any time after it
  has made an order under sub-section (1), it may at the instance of either party, vary, modify or rescind any such
  order in such manner as the court may deem just.
  (3) If the court is satisfied that the party in whose favour an order has been made under this section has
  re-married or, if such party is the wife, that she has not remained chaste, or, if such party is the husband, that he
  has had sexual intercourse with any woman outside wedlock, [it may at the instance of the other party vary,
  modify or rescind any such order in such manner as the court may deem just].”
• Article 142 of the Constitution of India: This article grants the Supreme Court the power to pass any decree or order necessary for doing complete justice in any cause or matter pending before it.

Arguments

Submissions on behalf of the Applicant (Daughter-in-law):

• The daughter-in-law argued that the 11 shops owned by her father-in-law had been unsuccessfully auctioned three times due to the presence of tenants.
• She stated that the outstanding maintenance arrears amounted to approximately ₹1.25 crores.
• She requested the transfer of ownership of certain shops, particularly the M/s Fitness Factory Gym & Spa, to settle her outstanding maintenance arrears and future maintenance.
• She highlighted that the father-in-law had consented to the attachment of the shops to the extent of her husband’s share.
• She pointed out that the father-in-law had not objected to the attachment of the Fitness Factory Gym before the Executing Court initially.
• She presented details of the father-in-law’s bank accounts, claiming he had substantial funds despite his claims to the contrary.
• She also mentioned that the matrimonial house was sold for around ₹2 crores.
• She argued that the father-in-law and mother-in-law had signed a memorandum in 2018 agreeing to pay her ₹1.29 crore, which was never paid.
• She requested the Court to invoke its powers under Article 142 of the Constitution, as she had been seeking justice since 2018, and the father-in-law had not complied with court orders.

Submissions on behalf of the Petitioner (Father-in-law):

• The father-in-law argued that the maintenance order was against his son, and he was not personally liable to his daughter-in-law.
• He contended that there is no law that directly holds a father-in-law liable for his daughter-in-law’s maintenance when her husband is alive.
• He stated that the marriage between his son and daughter-in-law was dissolved by a divorce decree in Australia, and thus, the parents-in-law are not liable.
• He argued that the petition filed by his daughter-in-law was not maintainable under Section 19 of the Hindu Marriage Act, 1955, and the prayer was in violation of Section 25 of the HMA.
• He argued that the memorandum signed before the Mediation Centre was signed by his deceased wife and could not be enforced against him.
• He denied that his son had any coparcenary interest in his properties and denied receiving ₹2 crores from the sale of the matrimonial house.
• He offered to pay ₹75 lakhs in addition to ₹22 lakhs as a one-time settlement, provided all cases against him were withdrawn.

Submissions of Parties

Issues Framed by the Supreme Court

The Supreme Court did not explicitly frame issues in a separate section, but the following issues were implicitly considered:

1. Whether the father-in-law can be held liable for the maintenance arrears of his daughter-in-law, when the maintenance order was passed against her husband.
2. Whether the divorce decree obtained in Australia absolves the father-in-law of his liability.
3. Whether the Supreme Court can invoke its powers under Article 142 of the Constitution to ensure complete justice in this case.

Treatment of the Issue by the Court

Authorities

The Supreme Court relied on the following authorities:

Judgment

How each submission made by the Parties was treated by the Court?

How each authority was viewed by the Court?

• Subrata Roy Sahara [2014] 12 S.C.R. 573:* The Court relied on this case to emphasize its power to issue directions for complete justice.
• Skipper Construction 1996 (2) Suppl. SCR 295:* The Court used this case to highlight that Article 142 supplements existing law to address situations not covered by it.
• Chenga Reddy (1996) 10 SCC 193:* This case was cited to show the court’s duty to prevent injustice and evolve remedies for the cause of justice.

What weighed in the mind of the Court?

The Supreme Court’s decision was primarily influenced by the following factors:

• Obduracy of the Husband: The Court noted the persistent defiant conduct of Varun Gopal, who abandoned his wife and fled to Australia, failing to comply with court orders.
• Non-Compliance with Court Orders: The father-in-law had also stalled compliance with court orders and had not paid the arrears despite previous assurances.
• Need to Ensure Justice: The Court emphasized its responsibility to ensure complete justice between the parties, especially when one party is deliberately avoiding their legal obligations.
• Financial Capacity of the Father-in-law: The Court considered the father-in-law’s assets, including the 11 shops and other properties, as well as his bank accounts, which showed that he had the means to pay the arrears.
• Previous Orders and Undertakings: The Court took note of the previous orders and undertakings given by the father-in-law, which were not fulfilled.

Sentiment Analysis of Reasons Given by the Supreme Court

Fact:Law Ratio

Logical Reasoning

The Court considered arguments that the father-in-law was not directly liable for the maintenance order against his son, and that the Australian divorce decree absolved him of liability. However, the Court rejected these arguments, emphasizing the need to do complete justice and to prevent the father-in-law from evading his responsibility. The Court used its powers under Article 142 to ensure the daughter-in-law received her due maintenance.

The Court’s decision was based on the need to ensure that the daughter-in-law was not left remediless due to the actions of her husband and father-in-law.

The Supreme Court stated:

• “The present case – as discussed earlier, has displayed persistent defiant conduct by Varun Gopal, and the petitioner, Mohan Gopal, who have, through one pretext or another stalled compliance with the orders of this court.”
• “In these circumstances, it is hereby directed that: (1) Six contiguous shops bearing municipal numbers 26, 27, 28, 29, 30, 31 shall be put to sale by the Registrar of the Delhi High Court, who shall ensure that the best prices are realized.”
• “In the eventuality the directions in (2) are not complied within one year, the Registrar is directed to take steps, and within three months, and seek option from the applicant regarding whether she would wish the transfer of title to the said premises in her name, or its sale.”

Key Takeaways

• The Supreme Court can use its powers under Article 142 to ensure complete justice, even if it means going beyond traditional legal remedies.
• Fathers-in-law can be held responsible for ensuring the maintenance of their daughters-in-law, especially when their sons evade their legal obligations.
• The Court can order the sale of properties to recover maintenance arrears.
• The Court will not allow parties to evade their responsibilities through technicalities or by fleeing the country.

Directions

The Supreme Court issued the following directions:

1. Six contiguous shops shall be put to sale by the Registrar of the Delhi High Court.
2. The amounts realized from the sale shall be deposited in a fixed deposit receipt, and its interest disbursed to the daughter-in-law.
3. The attachment of rents of M/s Fitness Factory Gym & Spa shall continue until the arrears are paid.
4. If the arrears are not paid within one year, the daughter-in-law can opt for the transfer of title to the gym in her name or its sale.
5. All amounts realized shall be paid to the daughter-in-law.

Development of Law

The ratio decidendi of this case is that the Supreme Court, in exercise of its powers under Article 142 of the Constitution, can order the sale of a father-in-law’s properties to ensure the payment of maintenance arrears to a daughter-in-law, especially when the husband has evaded his legal obligations. This case reinforces the Court’s commitment to ensuring complete justice and preventing parties from circumventing their responsibilities. It also clarifies that the court can go beyond traditional legal remedies to ensure that maintenance is paid to a wife.

Conclusion

In this significant judgment, the Supreme Court ordered the sale of six properties belonging to a father-in-law to ensure the payment of substantial maintenance arrears to his daughter-in-law. This decision highlights the Court’s willingness to use its powers under Article 142 of the Constitution to achieve justice, particularly in cases where parties attempt to evade their legal responsibilities. The Court’s actions underscore the importance of ensuring that women receive the maintenance they are entitled to, even when their husbands fail to comply with court orders.