-can-claim-maintenance-from-the-date-on-which-the-application-for-maintenance-was-filed-supreme-court-.jpeg "Now spouse (husband or wife) can claim maintenance from the date on which the application for maintenance was filed: Supreme Court")
Now spouse (husband or wife) can claim maintenance from the date on which the application for maintenance was filed: Supreme Court
Case No: CRIMINAL APPEAL NO. 730 of 2020 (arising out of SLP (Crl.) No.9503/2018)
Referred Acts in the Judgement:
- The Code of Criminal Procedure (CrPC), 1973
- The Protection of Women from Domestic Violence Act (DVA), 2005
- Hindu Marriage Act (HMA), 1955
- Special Marriage Act (SMA), 1954
- Hindu Adoption and Maintenance Act (HAMA), 1956
Summary of the Case:
The Wife (Neha) filed an interim application u/s 125 CrPC claiming maintenance for herself and their son by her husband (Rajnesh). Family Court granted her a favourable Order of Rs.15,0000/- p.m. and Rs.5,000/-p.m. to their child to be paid by the Husband (Rajnesh). This Order was challenged by the Husband by way of a Criminal Writ Petition in Bombay High Court (Nagpur Bench) wherein the Court affirmed the Order of the Family Court and dismissed the Criminal Writ Petition. Husband lastly appealed to the Supreme Court. The Hon’ble Court awarded additional costs and relevant Order in maintenance of the Wife and their son by the Husband and also provided detailed guidelines on the fourth issue amongst the five (5) problems mentioned in the judgment that is issue of date from which maintenance to be awarded.
In this Judgement Hon’ble Supreme Court observed and analysed all the precedents and regulatory frameworks used to decide a date from which maintenance can be awarded.
What should be the date from which Maintenance to be Awarded?
Hon’ble court observed that since there is no uniform regime and there are multiple practices adopted by the family courts across the country to decide the date from which the maintenance can be awarded. Hon’ble court also observed that there are three possibilities mostly adopted as the maintenance date:
a) Date on which the application for maintenance was filed;
b) Date of the order granting maintenance;
c) Date on which the summons was served upon the respondent.
Hon’ble court observed various precedent & judgements from different family courts and reached to the conclusion that family matters take a lot of time for their disposal and this delay is not in favour of justice and against the human rights & basic dignity of the individual.
Hon’ble court also provided the rationale for the above direction that it will enable the wife to survive the financial tough time because if a dependent spouse loses its financial strength then it became very challenging to represent themselves before the court.
To bring uniformity and consistency in the orders passed by all the Courts Hon’ble Supreme Court’s direction is very clear that the date on which the maintenance application is filed will be considered as the date from which Maintenance can be awarded. Hon’ble court also observed that the right to claim maintenance must date back to the date of filing the application, since the period during which the maintenance proceedings remained pending is not within the control of the applicant.
Read the judgement here: https://main.sci.gov.in/supremecourt/2018/37875/37875_2018_39_1501_24602_Judgement_04-Nov-2020.pdf
Frequently asked questions
What is the Supreme Court judgement on maintenance for wife?
What is the Supreme Court judgement on maintenance for wife?
The Supreme Court of India has delivered several important judgments on the issue of maintenance for wives, which aim to ensure financial support for women who are separated or divorced from their husbands. Key principles from these judgments include:
-
Right to Maintenance: The Supreme Court has consistently upheld that a wife is entitled to maintenance from her husband to ensure she can maintain a standard of living similar to the one she enjoyed while living with her husband.
-
Quantum of Maintenance: The court has emphasized that the amount of maintenance should be fair and reasonable, taking into account the income and financial status of both the husband and the wife.
-
Interim Maintenance: The courts have ruled that interim maintenance should be provided promptly during the pendency of legal proceedings to avoid financial hardship for the wife.
Is Maintenance Awarded from the Date of Application?
Is Maintenance Awarded from the Date of Application?
Yes, maintenance is typically awarded from the date of application. This principle was upheld in several judgments, including Rajnesh vs. Neha & Anr. (2020), where the Supreme Court clarified that the maintenance should be awarded from the date the application is filed to avoid any undue delay or financial hardship for the wife.
What is 125 3 Supreme Court Judgement?
What is 125 3 Supreme Court Judgement?
Section 125 of the Criminal Procedure Code (CrPC) deals with the order for maintenance of wives, children, and parents.
Section 125(3): If any person so ordered fails without sufficient cause to comply with the order, any such Magistrate may, for every breach of the order, issue a warrant for levying the amount due in the manner provided for levying fines, and may sentence such person, for the whole or any part of each month’s allowance for the maintenance or the interim maintenance and expenses of proceeding, remaining unpaid after the execution of the warrant, to imprisonment for a term which may extend to one month or until payment if sooner made:
Important Judgment: The Supreme Court, in the case of Kuldip Kaur v. Surinder Singh (1989), held that imprisonment for non-payment of maintenance does not extinguish the liability of the arrears. The defaulter can be repeatedly sent to prison for one month at a time until the arrears are paid. This ensures compliance with maintenance orders.
What is the landmark Judgement on maintenance?
What is the landmark Judgement on maintenance?
One of the landmark judgments on maintenance is the Danial Latifi vs. Union of India (2001) case. This judgment clarified the rights of Muslim women to maintenance under Section 3 of the Muslim Women (Protection of Rights on Divorce) Act, 1986, ensuring they receive fair and reasonable provision and maintenance beyond the iddat period.
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Frequently asked questions
What is the Supreme Court judgement on maintenance for wife?
What is the Supreme Court judgement on maintenance for wife?
The Supreme Court of India has delivered several important judgments on the issue of maintenance for wives, which aim to ensure financial support for women who are separated or divorced from their husbands. Key principles from these judgments include:
-
Right to Maintenance: The Supreme Court has consistently upheld that a wife is entitled to maintenance from her husband to ensure she can maintain a standard of living similar to the one she enjoyed while living with her husband.
-
Quantum of Maintenance: The court has emphasized that the amount of maintenance should be fair and reasonable, taking into account the income and financial status of both the husband and the wife.
-
Interim Maintenance: The courts have ruled that interim maintenance should be provided promptly during the pendency of legal proceedings to avoid financial hardship for the wife.
Is Maintenance Awarded from the Date of Application?
Is Maintenance Awarded from the Date of Application?
Yes, maintenance is typically awarded from the date of application. This principle was upheld in several judgments, including Rajnesh vs. Neha & Anr. (2020), where the Supreme Court clarified that the maintenance should be awarded from the date the application is filed to avoid any undue delay or financial hardship for the wife.
What is 125 3 Supreme Court Judgement?
What is 125 3 Supreme Court Judgement?
Section 125 of the Criminal Procedure Code (CrPC) deals with the order for maintenance of wives, children, and parents.
Section 125(3): If any person so ordered fails without sufficient cause to comply with the order, any such Magistrate may, for every breach of the order, issue a warrant for levying the amount due in the manner provided for levying fines, and may sentence such person, for the whole or any part of each month’s allowance for the maintenance or the interim maintenance and expenses of proceeding, remaining unpaid after the execution of the warrant, to imprisonment for a term which may extend to one month or until payment if sooner made:
Important Judgment: The Supreme Court, in the case of Kuldip Kaur v. Surinder Singh (1989), held that imprisonment for non-payment of maintenance does not extinguish the liability of the arrears. The defaulter can be repeatedly sent to prison for one month at a time until the arrears are paid. This ensures compliance with maintenance orders.
What is the landmark Judgement on maintenance?
What is the landmark Judgement on maintenance?
One of the landmark judgments on maintenance is the Danial Latifi vs. Union of India (2001) case. This judgment clarified the rights of Muslim women to maintenance under Section 3 of the Muslim Women (Protection of Rights on Divorce) Act, 1986, ensuring they receive fair and reasonable provision and maintenance beyond the iddat period.
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