Supreme Court Clarifies Recovery of Maintenance Arrears Under CrPC: A Landmark Judgment
Supreme Court Clarifies Recovery of Maintenance Arrears Under CrPC: A Landmark Judgment By Abhishek Jat, Advocate In a landmark judgment, the Supreme Court of India has reinforced the enforcement mechanisms for the recovery of unpaid maintenance under Section 125 of the Code of Criminal Procedure (CrPC). The Court clarified that arrears of maintenance can be recovered by treating them as a levy of fine under Section 421 of the CrPC, ensuring that defaulters cannot evade their financial obligations. This ruling is a significant step toward strengthening the legal framework for the protection of dependents, particularly spouses and children, who rely on maintenance for their livelihood. Background of the Case The case involved an appellant wife, Poongodi, and her minor son, who filed an application under Section 125 of the CrPC against the respondent husband, Thangavel, for maintenance. The trial court awarded maintenance of ₹300 per month, effective from February 4, 1993. ...