Supreme Court Directs Husband to Clear Arrears of Maintenance to Wife

Interim Maintenance Arrears to be Paid Within Four Weeks; Enhanced Maintenance Payment Stayed

In a significant ruling, the Supreme Court of India has directed Mukesh Popatlal Gada, the petitioner-husband, to clear all outstanding arrears of interim maintenance to his estranged wife, Purvi Mukesh Gada, as per the interim order issued by the Family Court, Pune, dated 27th July 2018. The apex court has mandated the petitioner to comply with this order within a span of four weeks.

The case, which has drawn attention due to its implications on maintenance laws, was heard by a bench comprising Justices Ahsanuddin Amanullah and K. Vinod Chandran. The bench was responding to a petition for special leave to appeal against the orders concerning maintenance payments.

The Supreme Court's decision comes in light of the ongoing divorce proceedings between the Gadas. In its directive, the court emphasized the need for the petitioner to adhere to the Family Court’s interim maintenance order, ensuring that the respondent-wife receives the due amounts that have accrued over time.

Additionally, the Supreme Court has temporarily stayed the payment of enhanced maintenance as previously directed by the Bombay High Court in its order dated 10th November 2025. This stay is conditional upon the petitioner's continuous payment of the monthly maintenance amounts as determined by the Family Court. The matter has been listed for further hearing on 20th January 2026, by which time the respondent has been asked to file a counter-affidavit.

This ruling underscores the judiciary’s stance on ensuring compliance with maintenance orders to protect the financial well-being of the spouse in matrimonial disputes. The Supreme Court's intervention highlights the balance it seeks to maintain between enforcing existing maintenance orders and providing interim relief in cases of appeal.

Bottom Line:

Husband directed to pay up-to-date arrears of maintenance as per interim order of Family Court; further payment of enhanced maintenance stayed subject to compliance with Family Court's maintenance order.

Statutory provision(s): Interim maintenance, Family Court orders, Stay order, Enhanced maintenance

Mukesh Popatlal Gada v. Purvi Mukesh Gada, (SC) : Law Finder Doc Id # 2823148