Published on: November 15, 2023 at 12:06 IST
Court: Supreme Court of India
Citation: Aditi V. Jitesh Sharma (2023)
Honourable Supreme Court of India has held that the maintenance as payable to the wife under any provision of the law must be assessed in accordance with the judgment in Rajnesh v. Neha. It is held that the Apx Court has issued detailed guidelines that the maintenance is to be decided on the basis of pleadings of parties. It is held that it is the tendency of the wife is to exaggerate her needs, whereas the husband tends to conceal his actual income.
15. Nothing is evident from the record or even pointed out by the learned counsel for the appellant at the time of hearing that affidavits were filed by both the parties in terms of judgment of this Court in Rajnesh’s case (supra), which was directed to be communicated to all the High Courts for further circulation to all the Judicial Officers for awareness and implementation.
The case in hand is not in isolation. Even after pronouncement of the aforesaid judgment, this Court is still coming across number of cases decided by the courts below fixing maintenance, either interim or final, without their being any affidavit on record filed by the parties. Apparently, the officers concerned have failed to take notice of the guidelines issued by this Court for expeditious disposal of cases involving grant of maintenance.
Comprehensive guidelines were issued pertaining to overlapping jurisdiction among courts when concurrent remedies for grant of maintenance are available under the Special Marriage Act, 1954, Section 125 Cr. P.C., the Protection of Women from Domestic Violence Act, 2005, Hindu Marriage Act, 1955 and Hindu Adoptions and Maintenance Act, 1956, and Criteria for determining quantum of maintenance, date from which maintenance is to be awarded, enforcement of orders of maintenance including fixing payment of interim maintenance. As a result, the litigation which should close at the trial level is taken up to this Court and the parties are forced to litigate.
Drafted By Abhijit Mishra
