Supreme Court Asks Employer To Deduct Man’s Salary After He Refuses To Pay Maintenance To Wife

Last Updated:March 06, 2026, 17:29 IST

The Supreme Court ordered a man’s employer to deduct ₹25,000 monthly from his salary and transfer it to his estranged wife's account due to unpaid maintenance.

The Supreme Court has directed the employer of a man who refused to pay maintenance to his estranged wife to deduct ₹25,000 every month from his salary and transfer the amount directly to her bank account.

A Bench of Justices JB Pardiwala and KV Viswanathan issued the order after observing that the husband had repeatedly failed to clear maintenance arrears and had refused to contribute to the upkeep of his wife and their minor daughter.

The Court instructed the man’s employer to deduct the amount from his monthly salary and transfer it to his wife through RTGS.

“In such circumstances, we are left with no other option but to direct the employer of the respondent-husband that an amount of ₹25,000 shall be deducted per month from the salary and transferred to the account of his wife," the Bench said.

The Court also raised concerns about the welfare of the couple’s four-year-old daughter, noting that she is being raised solely by her mother while the father has not even met the child for several years.

The matter came up during the hearing of a transfer petition filed by the woman seeking the transfer of matrimonial proceedings. The Court noted that the couple has been living separately since 2022 and that mediation attempts had failed.

Earlier, a judicial magistrate had passed an interim maintenance order in 2024. However, the husband did not comply with the direction, leading to arrears of around ₹1.38 lakh.

Although the husband submitted an affidavit claiming he earned ₹50,000 per month, he refused to deposit ₹2.5 lakh an amount that included the pending maintenance arrears, as suggested by the Court.

The Bench also noted that during a previous hearing, the husband had been asked to deposit ₹25,000 to cover travel expenses for his wife and daughter to attend mediation proceedings at the Supreme Court Mediation Centre. He failed to comply with that order as well.

Calling the conduct “unfortunate," the Court observed that the husband had not even deposited the travel expenses as directed earlier.

Considering his continued refusal to pay maintenance despite having a monthly income, the Court ordered his employer to deduct ₹25,000 every month and transfer it directly to his wife’s bank account.

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