The judgments being discussed in this article elaborate and expand upon the law pertaining to the right of maintenance of a wife under the Indian legal system. The legislature of India has promulgated and set in place laws to ensure that a woman has a right to be maintained by her husband in the capacity of a dependent. These laws enable a woman unable to maintain herself to claim maintenance from her husband as a matter of right under the umbrella concept of social justice. Maintenance can be understood as the quantum of money which is required for a wife to cater to her basic needs and amenities. Although concepts like marriage divorce etc. are governed by personal laws of each religion, however the Code of Criminal Procedure under Section 125 provides to every woman the right of maintenance regardless of personal laws and/or governing religion. Furthermore, the personal laws governing persons falling under the broad definition of ‘Hindus’ also provide the right of maintenance which can be claimed under the Hindu Adoption and Maintenance act, 1956 as also the Hindu Marriage Act, 1955 in the form of interim maintenance.
The following are among the issues decided by the Supreme Court on the law pertaining to a wife’s right to maintenance: -
Overlapping jurisdictions between different laws governing payment of maintenance
Guidelines regarding payment of interim maintenance
Date from which payment of maintenance is to commence
Procedure for enforcement of orders mandating payment of maintenance
Criteria for calculating the amount of maintenance to be paid
Nature of proceedings for maintenance
Standard of proof in maintenance proceedings
Right of an earning woman to claim maintenance
The court has decided upon numerous contentious issues related to the law on payment of maintenance to wife. The Supreme Court has held that proceedings seeking maintenance under Section 125 of the code of criminal procedure are civil and summary in nature due to it being a beneficial legislation. The court has also held that strict proof of marriage should not be made a pre-condition in such cases and also laid down the standard of proof required. The court found that even a second wife can seek maintenance if she was unaware of the first marriage of her husband. Further, even an earning woman is entitled to maintenance from her husband if she is unable to maintain herself from her income.
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:
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....
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The judgments highlighted below discuss at great length the law on women’s right to maintenance in the capacity of a wife. A woman either estranged or divorced from her husband still has a legally enforceable right to maintenance under both personal laws and the code of criminal procedure. The judgments discuss the inalienable right of a woman to seek maintenance from her husband and the criteria governing the quantum of maintenance to be granted. The judgments discuss this right in light of the provisions of the Code of Criminal Procedure, Hindu Marriage Act and also the Hindu Adoptions and Maintenance Act.
As a woman unable to maintain herself and dependant upon her husband, it is important to seek proper legal guidance to protect and enforce your rights in a court of law. Maintenance being an intricate concept of law with several technicalities, requires the expertise of a trained legal mind to understand. Therefore, it is important to hire the services of a good family lawyer to ensure that your rights are protected and you are not being denied the benefits of social justice. Moreover, even as a man it is important to understand the law on a wife’s right to maintenance to secure your interests and rights in a case before a court of law. The services of a lawyer will help you better understand your liability and implications of non-observance of the law on this aspect.
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