Interim Maintenance
3 years ago
Is there any exception to interim maintenance payment from petition date as per rajneesh vs neha case judgement dated 4.11.2020?
A.Dear Sir,
Facts of your case to be looked into before interpreting the law laid under Rajneesh vs. Neha.
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Facts of your case to be looked into before interpreting the law laid under Rajneesh vs. Neha.
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Raghu Rajegowda
Responded 3 years ago
A.wife is earning some income
The Courts have held that if the wife is earning, it cannot operate as a bar from being awarded maintenance by the husband. The Courts have provided guidance on this issue in the following judgments.
In Shailja & Anr. v Khobbanna,39 this Court held that merely because the wife is capable of earning, it would not be a sufficient ground to reduce the maintenance awarded by the Family Court. The Court has to determine whether the income of the wife is sufficient to enable her to maintain herself, in accordance with the lifestyle of her husband in the matrimonial home.40 Sustenance does not mean, and cannot be allowed to mean mere survival.41
In Sunita Kachwaha & Ors. v Anil Kachwaha 42 the wife had a postgraduate degree, and was employed as a teacher in Jabalpur. The husband raised a contention that since the wife had sufficient income, she would not require financial assistance from the husband. The Supreme Court repelled this contention, and held that merely because the wife was earning some income, it could not be a ground to reject her claim for maintenance.
The Bombay High Court in Sanjay Damodar Kale v Kalyani Sanjay Kale43 while relying upon the judgment in Sunita Kachwaha (supra), held that neither the mere potential to earn, nor the actual earning of the wife, howsoever meagre, is sufficient to deny the claim of maintenance.
The Courts have held that if the wife is earning, it cannot operate as a bar from being awarded maintenance by the husband. The Courts have provided guidance on this issue in the following judgments.
In Shailja & Anr. v Khobbanna,39 this Court held that merely because the wife is capable of earning, it would not be a sufficient ground to reduce the maintenance awarded by the Family Court. The Court has to determine whether the income of the wife is sufficient to enable her to maintain herself, in accordance with the lifestyle of her husband in the matrimonial home.40 Sustenance does not mean, and cannot be allowed to mean mere survival.41
In Sunita Kachwaha & Ors. v Anil Kachwaha 42 the wife had a postgraduate degree, and was employed as a teacher in Jabalpur. The husband raised a contention that since the wife had sufficient income, she would not require financial assistance from the husband. The Supreme Court repelled this contention, and held that merely because the wife was earning some income, it could not be a ground to reject her claim for maintenance.
The Bombay High Court in Sanjay Damodar Kale v Kalyani Sanjay Kale43 while relying upon the judgment in Sunita Kachwaha (supra), held that neither the mere potential to earn, nor the actual earning of the wife, howsoever meagre, is sufficient to deny the claim of maintenance.
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Ankur Goel @ Complete Law Shield
Responded 3 years ago
A.this came in 4.11.2020 which is just 6 months old.
so let your case reach SC to get exception to it.
Advocate Ankur Goel
(Complete Law Shield) #YourLifeYourChoice
so let your case reach SC to get exception to it.
Advocate Ankur Goel
(Complete Law Shield) #YourLifeYourChoice
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Tanmoy Chattopadhyay
Responded 3 years ago
A.Honestly after the quoted judgement the courts are practically shut out from granting maintenance from the date of order.
But every case stands in the foot of the facts that it consists of and it would not be impossible to imagine a situation in which the circumstances at the time of filing the petition and the date or order has changed drastically in favour of the respondent in which case the court would be free to either deny maintenance or make such maintenance conditional including granting them from the date of order. But it is not to say by any stretch of imagination that the law as it stands today is that the maintenance is ought to be paid from the date of filing and no exception per se has been curved out in the said judgment.
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But every case stands in the foot of the facts that it consists of and it would not be impossible to imagine a situation in which the circumstances at the time of filing the petition and the date or order has changed drastically in favour of the respondent in which case the court would be free to either deny maintenance or make such maintenance conditional including granting them from the date of order. But it is not to say by any stretch of imagination that the law as it stands today is that the maintenance is ought to be paid from the date of filing and no exception per se has been curved out in the said judgment.
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#freeLegalAdviceOnFamily
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Sidhaarth
Responded 3 years ago
A.Yes only if it could be established that wife has sufficient income to maintain herself.
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Ayantika Mondal @ Prime Legal
Responded 3 years ago
A.Hi,
The Court in this particular case has made it clear that interim maintenance would be from the date of application for maintenance.
The Court in this particular case has made it clear that interim maintenance would be from the date of application for maintenance.
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A.Hi,
The Court in this particular case has made it clear that interim maintenance would be from the date of application for maintenance.
The Court in this particular case has made it clear that interim maintenance would be from the date of application for maintenance.
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