Right to Maintenance Prevails Over Claims Under SARFAESI Act and IBC - SC

The SC ruled that the right to maintenance under Article 21, linked to sustenance and dignity, takes priority over creditor claims under the SARFAESI Act, 2002 and IBC, 2016.

In this case, the Gujarat HC had awarded ₹1,00,000 per month to the wife and ₹50,000 to each child. The husband contested this, citing financial setbacks from business losses.

The Court observed that maintenance should match the appellant’s financial situation and ordered arrears to be cleared within three months. It also allowed the wife and children to seek modifications under Section 127 of the CrPC if new evidence emerges.