Delay in giving financial support to estranged spouse and child is denying dignity, says HC

Time of India

17 hours ago

New Delhi: Delay in providing financial support to an estranged spouse and child amounts to a denial of dignity, Delhi High Court has observed while upholding a family court's direction for interim maintenance in a matrimonial dispute.
Justice Swarana Kanta Sharma made the observation while hearing a man's plea challenging an earlier order directing him to pay Rs 45,000 per month—Rs 22,500 each—to his estranged wife and minor daughter. While the court retained the amount for the wife, it reduced the maintenance for the daughter to Rs 17,500 per month.
"Financial support delayed is dignity denied, and this court is conscious of the fact that timely maintenance is integral to safeguarding not only subsistence but the basic dignity of those who are legally entitled to such support," the court said.
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The bench emphasised that maintenance is not just a financial duty but a "legal and moral" obligation meant to ensure the dignity and security of the dependent spouse and child.
"When financial support is delayed, dignity is the first casualty… The very object of maintenance is defeated if its disbursal is left at the convenience of the earning spouse," the court said in its order dated recently.
The husband's counsel argued that only one month's maintenance was outstanding, suggesting there was no wilful delay.
However, the amicus curiae, representing the woman, said that even "a single day's delay had a profound impact" on the wife, who was struggling to support herself and the child.
The court agreed that delays, no matter how brief, had real-world consequences for dependents.
"The reality is that even a day's uncertainty over basic expenses causes distress and hardship to the respondent, who is entirely dependent on the maintenance for her survival and for providing for the minor child," it said.