In a recent decision, the Delhi High Court ruled that Ashok Kumar Gupta must pay support money to his separated wife Sanyogita Gupta and their two daughters starting from March 2016. The court found the Family Court's initial decision to start payments from 2019 unfair.
Sanyogita Gupta and Ashok Kumar Gupta got married on May 27, 2001, in Delhi. They have two daughters, born in 2002 and 2005. Due to problems in their marriage, they began living separately, and in 2016, Sanyogita asked for support money, claiming that Ashok had not been helping her and their daughters financially.
On September 25, 2019, the Family Court ordered Ashok to pay ₹5,500 per month to each person asking for support, totaling ₹16,500 monthly. However, the court set the payments to start from January 1, 2019, instead of the date Sanyogita asked for help in 2016.
"The present petition has remained pending since 05.03.2016... the interim maintenance be awarded... with effect from 01.01.2019." - Family Court Order
Sanyogita and her daughters argued that the Family Court made a mistake by not starting the support from the date she asked for it. They had no other income and had to borrow money from friends and relatives. They claimed Ashok was earning ₹48,000–50,000 per month but wasn't giving enough support.
Ashok argued that his money situation had changed because he lost his job in January 2020 and had other debts. He claimed the petitioners had other financial help and that Sanyogita was earning money by giving private lessons.
Justice Swarana Kanta Sharma stressed that support should start from the date the request was made to avoid unfair difficulty. The court referred to the Supreme Court's decisions in similar cases, highlighting that delays in legal proceedings should not harm the person asking for support.
"Maintenance in all cases will be awarded from the date of filing the application." - Supreme Court Directive
The High Court changed the Family Court's order, directing that support payments be retroactive to March 5, 2016, the date when the request was made.
"The petitioners herein are held entitled to interim maintenance from the date of filing of the petition, i.e., 05.03.2016." - High Court Judgment
