Family Dispute

In a historic judgement, Supreme Court provides guidelines for deciding compensation and maintenance in matrimonial cases

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LegalKart Editor 05 min read 3795 Views
Last Updated: Feb 02, 2024
Guidelines for deciding compensation & maintenance in matrimonial cases by Supreme Court in a historic judgement

Citation of the matter: CRIMINAL APPEA L NO. 730 of 2020 (arising out of SLP (Crl.) No.9503/2018).

Referred Sections in the Judgement:

 Section 125 and 128 in The Code of Criminal Procedure, 1973

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Key happenings in the matter Chronologically:

1. Family Court: (24.08.2015)

The Wife (Neha) first filed an interim application u/s 125 CrPC claiming maintenance for herself and their son by her husband (Rajnesh). The Family Court awarded her an Order for interim maintenance of Rs.15,000/- per month to Wife starting from 01.09.2013 and Rs.5,000/- per month to their son starting from 01.09.2013 to 31.08.2015 and Rs.10,000/- per month from 01.09.2015 till further orders.

2. Bombay High Court- Nagpur Bench (14.08.2018)

The above order was challenged by the husband as he was unemployed and could not pay the maintenance amount as directed by the Court. He challenged by way of a Criminal Writ Petition No.875/2015 before Bombay High Court, Nagpur Bench. High Court dismissed the Writ Petition dated 14.08.2018 and affirmed the Order of the Family Court.

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3. Supreme Court: (2020)

Husband appealed against the High Court’s judgement in the Hon’ble Supreme Court of India. The Supreme Court directed the Husband to pay the entire arrears of maintenance @Rs.15,000/- per month within a period of 12 weeks from the date of judgment and to comply with all the orders u/s 125 of CrPC. In addition to this, Supreme Court observed that this application of interim maintenance was pending before the court for 7 years now and Courts could not pass orders for enforcement against the successive applications filed by the Wife.

For the above purpose, Supreme Court provided for framing of guidelines on the issue of maintenance, which would remove issues of  overlapping jurisdiction under different enactments for payment of maintenance, payment of Interim Maintenance, the criteria for determining the quantum of maintenance, the date from which maintenance is to be awarded, and enforcement of orders of maintenance.

Read complete Judgement:

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