Maintenance is an alimony laid down as a husband’s duty to maintain his wife, children, and parents. In Indian legislation, laws are enforced to deal with matters relating to maintenance. The statutes under which maintenance can be claimed by a hindu wife from her husband are the Code of Criminal Procedure 1908 (now under section 144 of the Bhartiya Nagarik Suraksha Sanhita, 2023), the Hindu Marriage Act 1955, the Hindu Adoption and Maintenance Act, 1956, the Special Marriage Act 1954, and the Domestic Violence Act, 2005. However, the issues arise before the courts decide on the quantum of maintenance to be granted if claimed under several laws.
A wife can be entitled to maintenance under several Acts as there has been no such intention of the legislations that the claim under any Act will debar to claim under the other Acts. There is no limitation on invoking multiple legislation to claim maintenance. The wife can claim under different laws simultaneously because all the proceedings of the Acts are independent of each other. Still, it does not mean the husband is liable to provide maintenance under each Act.
The Quantum Of Maintenance Granted Under Different Acts
To determine or decide the quantum of maintenance which is required to be granted to a wife under different legislation there is no straight-jacket formula however, in the latest judgment, the issue of determination of the quantum of maintenance has been analyzed, and concluded that the maintenance that is granted in the subsequent proceeding should be in inclusion to the maintenance granted under the previously instituted proceeding[1]. The parties’ status, the applicant’s needs, the respondent’s income and property, the claimant’s liabilities and financial responsibilities, the parties’ employment statutes and ages, residential arrangements, the maintenance of minor children, illness or disability, and other factors were also outlined by the court as factors that must be taken into account when estimating the quantum.
In a case, it was held that before determining the quantum the court must take into account the status of the parties and the capacity of the spouse to pay the maintenance to her wife hence, the amount of maintenance dependent upon the factual situation of the case[2].
On the one hand, the husband’s financial situation, his actual income, fair maintenance costs, and any dependent family members he is legally expected to support are the reasonable conditions that must be taken into account in order to determine the appropriate
amount of upkeep that must be made. For this reason, the court must consider the
husband’s grade of living and the rising expense of living.
In the case, it was held by the Calcutta High Court, that adjustment is not a rule. It further decided that the quantity of maintenance assessed by the Court under the Hindu Marriage Act, 1955 is necessary to be added to the quantum of maintenance u/s. 125 Cr.P.C .
Disclosing the maintenance granted in the subsequent proceeding which was awarded in the suit previously instituted is an obligation upon the wife. Hence, the court must consider the maintenance awarded in the previously instituted suit while determining the quantum of maintenance.
For the equitable and fair determination of the quantum of maintenance in the subsequent proceeding it is necessary to disclose the previously instituted proceeding and the non-disclosure of the previously granted maintenance would affect the order of the courts to make an objective assessment for the grant of maintenance. While there is a probability on the side of the wife to exaggerate her needs similarly, there is a corresponding probability that the husband may conceal his actual income.
There are several factors that are required to be considered while determining the quantum of maintenance including the disclosure of asset, income sources, and expenditures, to be submitted in writing by both parties in the form of an Affidavit. The guidelines regarding the submission of an affidavit for the disclosure of assets, income, and expenditure have been laid down in the judgment of Rajnesh v. Neha AIR 2021 Supreme Court 569, Airline 2020 SC 915. It also determined that the affidavit has to be submitted by the parties within four weeks[3].
In one instance, the court noticed that the party who filed the affidavit later received an unfair advantage from the filing of affidavits along with pleadings. It was clarified in this ruling that both parties had to file the affidavit at the same time. The Court unified the format of the Affidavits in the earlier judgments and directed that the same be filed in maintenance proceedings .
The Criteria To Determine The Duration From Which The Payment Of Maintenance To Be Done
The provision of sub-section (2) of section 125 of the Code of Civil Procedure 1908, mentioned the duration from which the allowance of maintenance or interim maintenance shall be payable from the date of order, if so ordered, or from the date of the application for maintenance or interim maintenance. However, in the other laws for maintenance there is no fixed date mentioned for the allowance of maintenance or interim maintenance neither in the Hindu Marriage Act 1955 nor the Domestic Violation Act 2005.
Hence, in the absence of uniformity, there are variances adopted by the family court with respect to the date from which the maintenance is to be awarded. The date of application of maintenance, the date of order of maintenance or the date on which the summons was served to the respondent, are the dates that are taken into consideration by the family court to determine the date from which the maintenance has to be paid.
According to the reasoning that the major goal of maintenance legislation is to shield a deserted wife and her dependent children from poverty and vagrancy, the maintenance should be awarded as of the date the application was lodged. The party requesting maintenance would lose their means of subsistence due to the length of time required to process the application, which might take several years if the maintenance is not paid starting on the application date.
After reviewing an application under Section 125 of the Code of Criminal Procedure, the Orissa High Court determined that, while it was the Court’s prerogative to award maintenance from the date of the order or the date of the application, it would be more appropriate to award maintenance from the application date.
The Extent To Which The Arrears Can Be Recovered In Case The Order Has Been Passed For Maintenance
The provision of section 125 Code of Civil Procedure 1908, and Domestic Violation Act 2005, also provides for the relief in case the respondent fails to pay amount of maintenance to the applicant and fails to comply with the order. Then, the amount which has not been paid becomes arrears to be paid.
The provision of sub-section (3) of section 125 of CPC provides that in case the respondent fails to comply with the order of the court then for every breach of the order the court issues a warrant against the respondent for the recovery of the amount provided that no warrant can be issue for the recovery of amount unless the application has been filed by the applicant within the period of one year from the date on which the amount become due.
Hence, the recovery of the interim maintenance which has become arrears can only be done if the application for the recovery of the amount has been filed within the period provided in the Act. The extent to the recovery of an amount that has become arrears is allowed if the application for the recovery of the amount filed within the prescribed period hence, the recovery of the amount is barred by limitation[4]. If the time limit is exceeded to file application then the applicant would not be entitled to recover the amount.
The Effect On The Maintenance Claimed If The Wife Gets Employed During The Trial Or Proceeding
Whether or not the wife works or has another source of income, the husband is nonetheless required to provide maintenance. The courts have ruled that a wife’s income cannot prevent her from receiving maintenance payments from her husband. In a case the Court concluded that only because the woman is capable of earning, it would not be a sufficient ground to lessen the maintenance awarded by the Family Court. In order for the wife to keep herself in the marital house and follow her husband’s lifestyle, the court must decide if her income is adequate.
Conclusion
Under the Indian laws for maintenance, a wife can claim maintenance from her husband under different laws, and a claim under any law does not debar to claim under the other laws. However, it is a legal obligation upon the wife to disclose the order of maintenance granted in the previously instituted proceeding so, in the subsequent proceeding the court will consider the previous orders of maintenance to determine the quantum of the amount to be granted to the wife in the subsequent proceeding.
To determine or decide the quantum of maintenance granted to a wife under different legislation there is no straight-jacket formula but the guidelines to determine the quantum have been laid down in several judgments. In the case of Rajnesh v. Neha AIR 2021 Supreme Court 569, Airline 2020 SC 915, the Supreme Court has laid down the guidelines that are required to be taken into consideration while deciding the quantum of the amount of maintenance including the status of the parties, needs of the applicant, income and property of the respondent, liabilities and financial responsibilities of the claimant, age and employment status of the parties, residential arrangements, maintenance of minor children, illness or disability.
In the cases of maintenance regarding the date of allowance of maintenance, there is no uniformity because the family courts considered several dates including the date of application, the date of order passed, or the date of service of summon to the respondent. But in the Supreme Court Judgement of Rajnesh v. Neha it has been laid down that awarding maintenance from the date of the application’s submission would be in the applicant’s best interests because if the maintenance is not paid from the date of application, the party seeking maintenance would be deprived of sustenance, owing to the time taken for disposal of the application, which often runs into several years.
In case the order of maintenance is not complied with by the husband the court may issue a warrant against him provided that the application for the recovery of money has been filed by the applicant within the period of one year from the date on which the amount becomes due.
The husband has to give maintenance to the wife irrespective of the fact that the wife is employed or has a source of income. The Courts have held that if the wife is employed, it cannot operate as a bar from being awarded maintenance by the husband. If the husband does not have sufficient income to maintain his wife and children then the onus is upon him to establish with necessary material that there are sufficient grounds to show that he is unable to maintain the family and discharge his legal obligations for reasons beyond his control.
Therefore, in order to determine the appropriate amount of maintenance, maintenance cases must take into account all of the provisions outlined in the Acts as well as the principles established in the decision. The decision made by the courts, taking into account the husband’s financial situation and the wife’s needs, would be in the best interests of both parties and would fairly and equitably achieve the goals of justice.
[1]Rajnesh v. Neha AIR 2021 Supreme Court 569, Airline 2020 SC 915
[2] Manish Jain v. Akansha Jain (2017) 15 SCC 801
[3] https://www.scribd.com/document/696093987/Neha-vs-Rajnesh
[4] https://www.scribd.com/document/696093987/Neha-vs-Rajnesh
Author: Chanchal Kumbhkar, B.A LL. B (H) student at Amity Law School
