Maintenance amount to Wife How Much | Wife Maintenance Kitna Hoga | Supreme Court Landmark Judgement

Maintenance amount to Wife How Much | Wife Maintenance Kitna Hoga | Supreme Court Landmark Judgement
How much Maintenance amount to Wife | पत्नी का खर्चा कैसे तय होगा | Supreme Court Landmark Judgement
---------------------Video Timeline------------------------
00:42 Maintenance cases filed by Wife
03:03 Maintenance kitna hona chahiye - Realistic/Reasonable
06:44 Affidavit of Income/Assets/Liabilities
08:47 Parameters while deciding maintenance
Rajnesh vs Neha (Landmark Judgement on Maintenance by Supreme Court 4 Nov 2020)
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Maintenance Awarded Must Be Reasonable & Realistic; Objective Of Alimony Is Not To Punish The Other Spouse: Supreme Court
The Supreme Court has observed that the objective of granting interim / permanent alimony/maintenance is to ensure that the dependant spouse is not reduced to destitution or vagrancy on account of the failure of the marriage, and not as a punishment to the other spouse.
The maintenance amount awarded must be reasonable and realistic, and avoid either of the two extremes i.e. maintenance awarded to the wife should neither be so extravagant which becomes oppressive and unbearable for the respondent, nor should it be so meagre that it drives the wife to penury.
The Court also noted that there is a tendency on the part of the wife to exaggerate her needs, and there is a corresponding tendency by the husband to conceal his actual income. To make an objective assessment for grant of interim maintenance, the bench has also directed that Affidavit of Disclosure of Assets and Liabilities shall be filed by both parties in all maintenance proceedings, including pending proceedings before the concerned Family Court / District Court / Magistrates Court.
The court noted that the factors which would weigh with the Court inter alia are the status of the parties reasonable needs of the wife and dependant children; whether the applicant is educated and professionally qualified; whether the applicant has any independent source of income; whether the income is sufficient to enable her to maintain the same standard of living as she was accustomed to in her matrimonial home; whether the applicant was employed prior to her marriage; whether she was working during the subsistence of the marriage; whether the wife was required to sacrifice her employment opportunities for nurturing the family, child rearing, and looking after adult members of the family; reasonable costs of litigation for a non-working wife.
It also added that the financial capacity of the husband, his actual income, reasonable expenses for his own maintenance, and dependant family members whom he is obliged to maintain under the law, liabilities if any, would be required to be taken into consideration, to arrive at the appropriate quantum of maintenance to be paid.
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Piyush Mittal
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