Maintenance of wife & children overrides over statutory financial creditors of Husband within SARFAESI/IBC: SC

Apurva @ Apurvo Bhuvanbabu Mandal Vs Dolly & Ors. (Supreme Court of India) In a recent ruling Hon’ble Supreme Court observed that the right to maintenance is equivalent to the right to livelihood, being a subset of the right to dignity and a dignified life, which in turn flows from Article 21 of the Constitution of India. Hence, right to maintenance being equivalent to a fundamental right will be superior to and have overriding effect than the statutory rights afforded to Financial Creditors, Secured Creditors, Operational Creditors or any other such claimants encompassed within the ...