Here is the compilation of one of the most landmark and latest judgments on the Maintenance under various Laws.
Are multiple maintenances allowed?
Hemlataben Maheshbhai Chauhan vs. State of Gujarat.
Wife’s son has already been awarded the maintenance by a Competent Court, therefore unless there is a strong reason; she cannot claim multiple maintenances. However, she can file for a modification of the maintenance under Section 127 of the CrPC.
Rachna Kathuria vs Ramesh Kathuria
The wife was already getting the maintenance from the respondent. She still filed an application under Section 12 of the Protection of Women from Domestic Violence Act, 2005 (in short the Act) and along with it she filed an application under Section 29 of the Act seeking maintenance. It is pertinent to note this law does not give additional rights to women to claim maintenance. This law is just to fast track the mechanism.
Ravindra Haribhau Karmarkar Vs Mrs. Shaila R. Karmarkar
She can not be allowed to ride two horses at a time (two simultaneous proceedings in two different Courts) and could not be permitted to continue the maintenance proceedings u/s. 125 of Cr.P.C. The natural justice demands that parallel proceedings cannot be allowed to continue in different Courts.
The separate income of wife, a determinant for maintenance?
Bhagwan Dutt Vs Kamla Devi and Ors. (Supreme Court)
The separate income and means of the wife can be taken into account in determining the amount of maintenance payable to her under s. 488, Criminal Procedure Code, 1898. The section does not confer an absolute right on a neglected wife to get an order of maintenance against the husband nor does it impose absolute liability on the husband to support her in all circumstances. The use of the word, may’ in s. 488(1) indicates that the power conferred on the Magistrate is discretionary, though the discretion must be exercised in a judicial manner consistent with the language of the statute and with due regard to other relevant circumstances of the case.
When wife filed for maintenance under two different Laws.
Renu Mittal Vs Anil Mittal & Ors. (Delhi HC)
For granting maintenance, a party can either approach the Court of Metropolitan Magistrate under Domestic Violence Act soon after commissioning of Domestic Violence; or under Section 125 Cr. P.C. claiming maintenance.
The Jurisdiction for granting maintenance under Section 125 Cr. P.C. and Domestic Violence Act is parallel jurisdiction and if maintenance has been granted under Section 125 Cr. P.C. after taking into account the entire material placed before the Court and recording evidence, it is not necessary that another MM under Domestic Violence Act should again adjudicate the issue of maintenance.
The law does not warrant that two parallel courts should adjudicate the same issue separately. If Court of MM has already adjudicated the matter under Section 125 CrPC; re-adjudication of the issue of maintenance cannot be done by a Court of MM under the Domestic Violence Act.
Will maintenance be reduced, as husband has EMIs to pay?
Bhushan Kumar Meen Vs Mansi Meen @ Harpreet Kaur. (Supreme Court)
Husband proved that he is having EMIs and other commitments in hand, due to which he does not have a proper saving. Court reduced the Maintenance amount ordered against him; considering the EMIs he is supposed to pay
When the wife filed for maintenance in both the criminal and the civil court.
Gomaji Vs Smt. Yasoda & Ors (Bombay HC)
Unless the Civil Court finally adjudicates the question of maintenance in the matrimonial proceedings, neither the jurisdiction of the Criminal Court in the proceedings under Section 125 Cr.P.C. for the award of maintenance is barred during the pendency of civil proceedings nor the right of the wife under Section 125 Cr.P.C. can be denied if, during the pendency of matrimonial proceedings, the wife is able to make out the case in the proceedings under Section 125 Cr.P.C. that she has been neglected and refused to be maintained by the husband and has no independent financial source of her own to maintain herself.
Any order passed by the Criminal Court awarding maintenance in the proceedings under Section 125 Cr.P.C. would be subject to the adjudication on the question of maintenance by the Civil Court and the wife cannot take advantage of the two orders of maintenance passed by the Civil Court as well as the Criminal Court.
After the final adjudication is made by the Civil Court on the question of maintenance, the wife is entitled to maintenance as ordered in the civil proceedings, till such time the order of maintenance granted under Section 125 Cr.P.C. cannot be faulted.
When the wife’s earning is less and she needs to take care of her child.
Anu Kaul Vs Rajeev Kaul (Supreme Court)
Husband has been earning Rs 40,000 per month, whereas the wife has been earning Rs 9000 per month. The wife claimed that her rent of Rs 3000. Consequently, she does not have enough fund to educate her child. The court considered the position of the Husband and held that her daughter’s school would take an exorbitant amount of fee, for which the Husband need to pay the maintenance; even if the wife is earning. The maintenance amount fixed was Rs 5000/-
Supreme Court’s interpretation of the term “Unable to maintain”.
Chaturbhuj vs Sita Bai (Supreme Court)
The present matter was of the ‘Desertion’. Supreme Court interpreted the term “unable to maintain”, which is in Section 125 of the CrPC. In the instant case, it would mean that means available to the deserted wife while she was living with her husband and would not take within itself the efforts made by the wife after desertion to survive somehow. There is an inseparable condition which has also to be satisfied that the wife was unable to maintain herself. These two conditions are in addition to the requirement that the husband must have neglected or refused to maintain his wife. It has to be established that the wife was unable to maintain herself.
When wife ife gets the maintenance under Section 125 of CrPC and allowances from Section 24 of the HMA?
Gian Chand Vs Dilpreet Kaur (P&H HC)
In the present case, the wife was getting the maintenance under Section 125 of the CrPC and she has gotten relief under Section 24 of the Hindu Marriage Act, 1955. The Court held that the amount awarded in the course of either of the proceedings in favour of the wife has to be set off against the amount awarded to her in the other proceedings.
What will be the contribution to maintain the Children?
Padmja Sharma Vs Ratan Lal Sharma (Supreme Court)
In the present case, both the parents were earning. Therefore, the Court directed both the parents to contribute to the maintenance amount for their children. The ratio in which the contribution was made was in 2:1 (Wife: Husband)
Will wife gets the maintenance if she deserts her husband?
Rohtash Singh Vs Smt. Ramendrei & Ors. (Supreme Court)
In the present case, both the husband and wife got divorced. The ground of the divorce was that the wife deserted her husband. Considering this fact, the Supreme Court held that wife is not entitled to maintenance who deserted her husband.
Shiv Kumar Yadav Vs Santoshi Yadav (HC Chhattisgarh)
Maintenance not granted as it is proved that the wife wants to reside separately. No maintenance to deserting wife.
Factors that Court considers while awarding the interim maintenance?
Alok Kumar Jain Vs Purnima Jain (Delhi HC)
Factors which can be culled out as required to be kept in mind while awarding interim maintenance are as under:-
(i) Status of the parties,
(ii) Reasonable wants of the claimant,
(iii) The income and property of the claimant,
(iv) Number of persons to be maintained by the husband,
(v) Liabilities, if any, of the husband,
(vi) The amount required by the wife to live a similar lifestyle as she enjoyed in the matrimonial home keeping in view food, clothing, shelter, educational and medical needs of the wife and the children, if any, residing with the wife and
(vii) Payment capacity of the husband.
Can the State Government amend Section 125 of CrPC to fix the maintenance amount?
Manoj Yadav Vs Pushpa Yadav (Supreme Court)
Section 125 of the CrPC comes under the ambit of Central Government. Any amendment made by any State Government to fix a maximum limit to the amount granted for maintenance will be invalid.
Should maintenance be imposed based on person ability or his net earning?
Ritu Raj Kant Vs Anita (Delhi High Court)
The maintenance should be based on a person’s actual earning and not his being an able-bodied person. In India, the job is not guaranteed. The only job guarantee is under National Guarantee Scheme, which is given to an unemployed rural person. The husband in the present case is not qualified for it. Moreover, even the wife is equally able-bodied.
Should capable and working wife be getting the Maintenance?
Smt. Mamta Jaiswal vs Rajesh Jaiswal (M.P HC) (Section 24 of HMA)
No maintenance for capable and working wife. Everyone has to earn for the purpose of maintenance of himself or herself, at least, has to make sincere efforts in that direction. If this criterion is not applied, if this attitude is not adopted, there would be a tendency growing amongst such litigants to prolong such litigation and to milk out the adversary who happens to be a spouse, once dear but far away after an emerging of litigation.
If it is permitted there would be no sincere efforts of amicable settlements because the lazy spouse would be very happy to fight and frustrate the efforts of an amicable settlement. This is not the goal and objective of Section 24 of HMA.
Can Non-Bailable Warrant be issued, if the husband doesn’t pay maintenance?
Shanvas Vs Raseena & State of Kerala (Kerala HC)
Learned Magistrate cannot order a non-bailable warrant for the failure to pay maintenance as has been done in this case. It is made clear that Magistrate can proceed against the petitioner or other respondents for non-payment of the interim maintenance only as provided under Protection of Women from Domestic Violence Act and such an order cannot be enforced as has been done by the learned Magistrate. In such circumstances, the order issuing non-bailable warrant can only be quashed.
Liability of Father to maintain her daughter
R. Kiruba Kanmani vs L. Rajan (Madras HC)
It is very clear from the above judgments that even though Section 125 restricts the payment of maintenance to the children till they attain majority when it comes to the daughter, Courts have taken a consistent stand that even though the daughter has attained majority, she will be entitled to maintenance till she remains unmarried by virtue of Section 20(3) of the Hindu Adoption and Maintenance Act, 1956.
Can the wife, waive her Right to the Maintenance?
Ramchandra Laxman Kamble vs Shobha Ramchandra Kamble And Anr (Bombay HC)
Any agreement through which wife waives her right to the maintenance is void; as it would be against the public policy. Such an agreement would amount to ousting of jurisdiction of Magistrate and Family Court to entertain maintenance claim, which cannot be permitted by law. Therefore, on the basis of such an agreement, the claim for maintenance cannot be rejected.
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