Divorce withdrawal

Dear Client,
Both under Section 25 of the Hindu Marriage Act, 1955, and under Section 125 Cr. PC(Section 144 of BNSS), any person having sufficient means is liable to support his wife and children, provided she is unable to maintain herself and her children, once an application is filed by the aggrieved spouse seeking maintenance from her husband in the Family Court. Certain guidelines with regard to maintenance had been set down by the Supreme Court in its judgment in the case of Rajnesh Vs. Neha (2021(2) SCC 324). Said criteria include the parties’ status, the respondent (Wife) needs, the respondent’s income and property, the claimant’s liabilities and financial responsibilities, the parties’ age and employment status, the parties’ residential arrangements, the party's minor children’s maintenance, and illness or disability, etc. Maintenance is not restricted to the husband's income alone. The courts have held that the husband's income, as well as his assets and properties, can be taken into consideration while determining the maintenance amount. The courts have also held that maintenance can be granted to the wife even if she is living separately from her husband due to his ill-treatment or other reasons. In the case of Sunita Kachwaha & Ors. versus Anil Kachwaha (2014), the Supreme Court held that the mere fact that the wife was earning some income could not be enough to disentitle her from her right to maintenance. If maintenance gets paid monthly, the Supreme Court of India has established a benchmark value of 25% of the husband's net monthly earnings to be awarded to the wife. The court can also grant one-third to one-fifth of the husband's net worth as maintenance.