SC closes the escape route of mistaken spouses to bypass youngster assist – The New Indian Categorical

Express message service

NEW DELHI: In a great relief to women, the Supreme Court has issued detailed guidelines tightening the rules for maintenance in marital cases. Now both spouses are required to disclose their income and assets from the date the maintenance claim is submitted. Those who do not pay alimony could also be arrested and imprisoned.

“Maintenance laws were enacted as a measure of social justice in order to give dependent women and children access to their financial support so that they do not fall into poverty and vagabonds,” the verdict said. A bench of judges, Indu Malhotra and Subash Reddy, also established several criteria that must be considered when calculating the maintenance quantum.

The court had taken up the matter when it was hearing a case where a child support claim filed by a woman had been pending in various courts for more than seven years while the husband stopped paying even the provisional child support. The guidelines state that detailed affidavits detailing all sources of income, assets and liabilities must be submitted by both parties. The claimant must submit all the details with the maintenance claim, while the respondent must submit their details within four weeks.

The Delhi Supreme Court is already implementing these measures at the time the maintenance claim is submitted. The court also noted that in many cases husbands refuse to pay alimony by selling assets and claiming lower income. “If false statements and misrepresentations are made, the court can consider initiating perjury and contempt of the court,” the bank said.

The APEX court advocates women who quit their job for marriage

The Supreme Court’s bank added that like a decree of a civil court, the order or maintenance decree can be enforced by the provisions available for enforcement of a monetary decree including civil detention, attachment of property, etc. The judgment has been issued various Factors that must be taken into account by the family courts when granting maintenance payments.

However, the court has expressed its support for women who have had to quit their jobs due to marriage / housework. “If, by the time the relationship ends, the woman has an education and is professionally qualified but has had to give up her employment opportunities to attend to the needs of the family who is the primary caregiver of the underage children and elderly family members, this is the case factor given due importance.

This is of particular concern in today’s society as, given the highly competitive industry standards, the separated wife must undergo new training to acquire marketable skills and retrain to secure a job in the paid workforce and to rehabilitate. With age, it would be difficult for a dependent woman to find an easy entry into the world of work after a break of several years, ”the bank stated.