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Maintenance Must Be Fair and Realistic, Not Punitive: Supreme Court

In a landmark 2020 ruling, the Supreme Court clarified that maintenance awarded in divorce or separation cases must be reasonable and ensure financial stability for the spouse in need. The bench, comprising Justices Indu Malhotra and R. Subhash Reddy, highlighted that the purpose of maintenance is to prevent a spouse from being left destitute due to a failed marriage. At the same time, it should not serve as a punishment for the other spouse.

Key Principles from the Rajnesh vs. Neha Case

The ruling came in the case of Rajnesh vs. Neha & Anr., where the court stressed that maintenance amounts should strike a balance. They should not be so high as to burden the paying spouse nor so low that the receiving spouse struggles financially.

Guidelines for Maintenance Awards

The court laid down several guidelines to ensure fairness and transparency in maintenance cases:

  1. Transparency in Finances:
    Both parties must file an affidavit disclosing their assets and liabilities. This prevents exaggeration of needs by the spouse seeking maintenance and concealment of income by the other.
  2. Consideration of Marriage Duration:
    Long-term marriages are a key factor in determining maintenance. Courts should consider the years spent together when deciding the amount.
  3. Earning Spouse:
    Even if the wife earns an income, she may still be eligible for maintenance. The court must assess whether her earnings are sufficient to maintain a standard of living similar to that in the matrimonial home.
  4. Husband’s Responsibility:
    An able-bodied husband is presumed capable of earning to support his family. If he claims financial incapacity, he must provide concrete evidence. Failing this, courts may draw an adverse inference.
  5. Residence Orders Under Domestic Violence Act:
    Magistrates can direct the respondent to pay rent or related expenses, ensuring the financial needs of the spouse and children are met.

Conclusion

This judgment reinforces that the goal of maintenance is to support the spouse in need, not to oppress or punish the other. Courts are expected to adopt a fair approach, ensuring that both parties maintain transparency in financial matters.

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