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Context: In a significant judgment delivered on Wednesday, the Supreme Court laid down guidelines for determining quantum of interim maintenance to be awarded during pendency of matrimonial matters from the day, it had been filed. The bench of Justices Indu Malhotra and R. Subhash Reddy also made it mandatory for a spouse to reveal at any maintenance proceedings whether any other court had already granted the spouse maintenance under some other law. It also made it mandatory for both spouses to state their financial positions at any maintenance proceedings and update the affidavit whenever significant changes occur in their circumstances during the course of the hearings. Estranged wives often seek maintenance simultaneously under various laws such as the Hindu Marriage Act, Hindu Adoption and Maintenance Act, Domestic Violence Act, Special Marriages Act and Section 125 of the CrPC while keeping the various courts in the dark about this, the bench noted. The bench also stressed the need for both spouses to file an “affidavit of disclosure of assets and liabilities” during maintenance proceedings at any court. The existing statutes do not mandate such disclosure. The ruling came on a maintenance dispute between a Mumbai-based couple. Key Points
As per the Supreme Court guidelines (Have a brief overview):
Criteria for determining the quantum of maintenance For determining the quantum of maintenance payable to an applicant, the factors which would weigh with the Court inter alia are the
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.
Date from which maintenance is to be awarded
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