Interim maintenance is granted to the applicant while the case is still pending in court, and it lasts until the court issues its final decision. Interim maintenance was created so that the applicant would not suffer until the court's decision was made.
The judgements elaborate on the circumstances in which a wife can rightfully claim maintenance as well as highlight the objective of a maintenance award.
What is the objective of a maintenance award?
Can a wife claim the payment of rent from her husband in addition to the maintenance amount awarded to her?
The Supreme Court has held that the maintenance awarded must be realistic and reasonable as the objective of the same is to ensure that the dependant spouse has the necessary means to live. The objective of maintenance is not to punish the other spouse.
The Supreme Court has held that a wife does not have the right to claim the payment of rent for an alternate accommodation when she has already been awarded maintenance.
Supreme Court of India
Rajnesh vs Neha on 4 November, 2020
Author: Hon'Ble Ms. Malhotra
Bench: Hon'Ble Ms. Malhotra, R. Subhash Reddy
REPORTABLE
IN THE SUPREME COURT OF INDIA
CRIMINAL APPELLATE JURISDICTION
CRIMINAL APPEAL NO. 730 OF 2020
(Arising out of SLP (Crl.) No. 9503 of 2018)
RAJNESH …APPELLANT
Versus
NEHA & Anr. …RESPONDENTS
INDEX
PART A Order passed in Criminal Appeal No.730 of 2020
PART B General Guidelines and Directions
I. Issue of Overlapping Jurisdictions
II. Payment of interim maintenance
III. Criteria for determining quantum of maintenance
IV. Date from which Maintenance to be awarded
V. Enforcement of orders of maintenance
VI. Final Directions
Signature Not Verified
Digitally signed by
Jatinder Kaur
Date: 2020.11.04
13:33:16 IST
Reason:
1
INDU MALHOTRA, J.
PART A Leave granted.
(i) The present Criminal Appeal arises out of an application for Interim Maintenance filed in a petition u/S. 125 Cr.P.C. by the Respondent-wife and minor son. The Respondent No.1-wife left the matrimonial home in January 2013, shortly after the birth of the son-Respondent No.2. On 02.09.2013, the wife filed an application for interim maintenance u/S. 125 Cr.P.C. on behalf of herself and the minor son. The Family Court vide a detailed Order dated 24.08.2015 awarded interim maintenance of Rs.15,000 per month to the Respondent No.1- wife from 01.09.2013; and Rs.5,000 per month as interim maintenance for the Respondent No.2-son from 01.09.2013 to 31.08.2015; and @ Rs. 10,000 per month from 01.09.2015 onwards till further orders were passed in the main petition.
(ii) The Appellant-husband challenged the Order of the Family Court vide Criminal Writ Petition No.875/2015 filed before the Bombay High Court, Nagpur Bench. The High Court dismissed the Writ Petition vide Order dated 14.08.2018, and affirmed the Judgment passed by the Family Court.
(iii) The present appeal has been filed to impugn the Order dated 14.08.2018.
This Court issued notice to the wife and directed the Appellant-husband to file his Income Tax Returns and Assessment Orders for the period from 2005-2006 till date. He was also directed to place a photocopy of his passport on record. By a further Order dated 11.09.2019, the Appellant-husband was directed to make payment of the arrears of Rs.2,00,000 towards interim maintenance to the wife; and a further amount of Rs.3,00,000, which was due and payable to the wife towards arrears of maintenance, as per his own admission. By a subsequent Order dated 14.10.2019, it was recorded that only a part of the arrears had been paid. A final opportunity was granted to the Appellant-husband to make payment of the balance amount by 30.11.2019, failing which, the Court would proceed under the Contempt of Courts Act for wilful disobedience with the Orders passed by this Court.
In the backdrop of the facts of this case, we considered it fit to frame guidelines on certain aspects pertaining to the payment of maintenance in matrimonial matters. There are different statutes providing for making an application for grant of maintenance / interim maintenance, if any person having sufficient means neglects, or refuses to maintain his wife, children, parents. The different enactments provide an independent and distinct remedy framed with a specific object and purpose. Inspite of time frames being prescribed by various statutes for disposal of interim applications, we have noticed, in practice that in a vast majority of cases, the applications are not disposed of within the time frame prescribed. To address various issues which arise for consideration in applications for grant of maintenance / interim maintenance, it is necessary to frame guidelines to ensure that there is uniformity and consistency in deciding the same. To seek assistance on these issues, we have appointed Ms. Anitha Shenoy and Mr. Gopal Sankaranaryanan, Senior Advocates as Amici Curiae, who have graciously accepted to assist this Court.
Download complete judgement by clicking on the button given below >>
Interim maintenance is awarded under Section 125 of the Code of Criminal Procedure (CrPC), 1973. The provision states that the Magistrate may insist that the applicant files an affidavit stating the grounds on which interim maintenance should be awarded. If the Magistrate is satisfied with the grounds and believes that there is a prima facie case to make such an order, they may do so.
Divorce proceedings are physically, mentally, and financially draining. Interim maintenance under CrPC is provided to aid the rightful claim of the applicant. Claiming the right amount of maintenance can be a complicated procedure as it depends on various financial factors. Therefore, it is significant to engage the services of a divorce lawyer who is well-equipped with the knowledge of the concerned law and can help you in strengthening your claim for interim maintenance.
674+ Lawyers are online 
