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Gurucharan Burra   23 April 2022

arrears of maintenance

Rajnish vs Neha
"Provided that the application for the payment of the expenses of the
proceeding and such monthly sum during the proceeding, shall, as far as
possible, be disposed of within sixty days from the date of service of notice
on the wife or the husband, as the case may be.”

So if court and opponent is delaying the process then why should husband pay for long 1-2 year of arrears
And it is written it should be completed in 60 days then ...it's not our fault
Can't be this a point of argument & escape maintenance as judge not given reason of delay of judgement


Learning

 3 Replies

Parasar   23 April 2022

can't help, but you keep filing memos

Divya Vijayan   23 April 2022

Hello sir!

Rajnesh vs Neha on 4 November, 2020

In this case the husband has to pay interim maintenance. It is granted to the applicant while the proceeding is still going on in the court and it continues till the court has reached its final verdict. The concept of interim maintenance was formulated so the applicant does not suffer until the court’s verdict is reached. In this particular case, the court quoted that “While there is a tendency on the part of the wife to exaggerate her needs, there is a corresponding tendency by the husband to conceal his actual income.” So to solve this issue, the Supreme Court directed that an affidavit of all the assets and liability owned by the parties should be made available by the parties to courts so that the courts do not award unfair interim maintenance. Importantly, if either of the parties tries to lie in the affidavit they would have to serve consequences for their action under Sections 195 and 340 CrPC

The Supreme court made it crystal clear that in case of interim maintenance, it should be awarded from the date of application.  

And also one must interpret the word of the precedent as it is. In the quoted passage it is written "....as far as possible....within 60 days..." which means that the court would try to it's best extent to dispose off the case within 60 days but it is not mandatory. 

Kindly refer to the below mentioned links:-

https://www.lawyersclubindia.com/judiciary/rajnesh-v-neha-2020-guidelines-for-matrimonial-allowance-4879.asp

https://www.lawyersclubindia.com/judiciary/rajnesh-v-neha-2020-maintenance-in-matrimonial-cases-4875.asp

Dr J C Vashista (Advocate)     24 April 2022

Well opined and analysed by experts.

Maintenance laws tilt towards female in India.

Bechara (Helpless) husband has no alternative but to pay  


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