SC To Frame Guidelines on Payment of Maintenance in Matrimonial Matters

In India where most of the women are still a house wife or a home maker, after their divorce certain amount of money as Alimony or maintenance is awarded under Section 125 of Criminal Procedure Code. The maintenance can be divided under two basic heads i) Interim Maintenance which is while the legal proceedings are underway, the husband is legally required to pay maintenance to the wife and also in the expenses of the proceedings. The interim maintenance starts from the date of the petition filed till the final order is passed by the court, and ii) Permanent Maintenance which is when the wife has obtained judicial separation or divorce the husband is legally bound to pay the wife an amount to the wife for sustenance as a fixed amount or lump-sum which is fixed by the court.

In Rajnesh v Neha is a matrimonial dispute where the family court had held that the husband has to pay monthly interim maintenance of Rs 15000/- starting from 1st September 2019 to the wife and Rs 5000/- to the child for a period of 24 Months starting from 1st September 2019 and after that it would be increased to Rs 10000/- for the Child.

This decision was upheld by the High Court of Bombay pertaining that the wife is also entitled to lead a lifestyle like that of the husband while the matter is still pending in the Family court. It was observed from the husbands Social Media Accounts of flaunting Photographs of wildlife captured from all over the world using Expensive cameras.

This Matter was taken to the Supreme Court where the Bench comprising Justices Indu Malhotra and R. Subhash Reddy who appointed senior Advocates Gopal Sankarnarayanan and Anitha Shenoy amicus curiae to assist them in framing the guidelines regarding the payment of maintenance in the matrimonial matters directed to handover the demand draft of Rs. 2,00,000/- (Rupees Two lakhs) towards arrears of maintenance to the wife. The petitioner is directed to pay an additional amount of Rs. 3,00,000/- (Rupees Three lakhs) which, as per his own admission is due and payable to the petitioner towards arrears of maintenance within two weeks from today. 

The case is now listed for 14th October 2019 for further proceedings.

BY:

SAMAIRA NAKRA

STUDENT REPORTER, INBA