New Delhi, 12/12: The Supreme Court has said the right to maintenance of wife and children, being equivalent to fundamental right, would be superior to and have overriding effects over claimants in any recovery proceedings under the SARFAESI Act and IBC Codes.
bench of Justices Surya Kant and Ujjal Bhuyan rejected a plea by a man, owner of diamond factory, contending that he has suffered setbacks in business and faced recovery proceedings, so he was not in position to pay the maintenance of Rs 1 lakh to thethe wife and Rs 50,000 each to two children as fixed by the Gujarat High Court.