Supreme Court docket declares alimony for deserted spouse and kids from Software Date: Report

On November 4, the Supreme Court declared that abandoned women and children were entitled to maintenance from their husbands from the date they petition the court.

In a ruling by a bench of judges, Indu Malhotra and R. Subhash Reddy, the Supreme Court stated that wives abandoned by husbands were left in distress, often distressed because they had no means to support themselves and their children.

The 67-page ruling by Justice Malhotra set guidelines to be followed by family courts, judges and lower courts. The verdict is obeyed while the motions of women seeking maintenance from their estranged husbands are heard.

It is based on a marital plea by Maharashtra on the issue of a man’s maintenance payment to his wife and son under Section 125 of the Code of Criminal Procedure. The court said that after a bad marriage, despite a number of maintenance laws, women often go penniless and struggle for years to achieve both ends.

Read also: Divorce Laws in India: Separation, Judicial Separation, and Divorce

1. Maintenance

Justice Malhotra wrote: “The view that maintenance should be granted from the date of application is based on the rationale that the primary objective of maintenance laws is to protect an abandoned woman and dependent children from poverty and vagabonds. If maintenance is not paid for as of the date of the application, the party requesting the maintenance will be deprived of maintenance as the application often takes several years to dispose of. “

The maintenance cases, which should be settled in 60 days, in reality take much longer due to legal uncertainties.

To ensure that these instructions are followed by husbands, the court said that violating them would result in penalties such as civil imprisonment and even attachment of the latter’s property.

The court also stated: “The husband’s plea that he ipso facto has no source of income does not release him from his moral duty to maintain his wife if he is productive and has an educational qualification.”

In the case of a maintenance case, both the applicant wife and the husband would have to disclose their assets and liabilities.

2. Expenses related to education

The child’s expenses, including their education, basic needs and other professional activities, would also be taken into account when calculating maintenance.

“The children’s education costs usually have to be borne by the father. If the woman works and earns enough money, the costs can be shared between the parties on a pro rata basis, ”judged Justice Malhotra.

The woman should also receive maintenance commensurate with the standard of living to which she was accustomed in marriage.

3. On maintenance

According to the judgment, the length of the marriage would also be taken into account when calculating maintenance.

The court also said that it was not fair to only hire a husband to pay his wife permanent alimony for the rest of her life, given that marriages in today’s society do not last for a reasonable period of time.

Also read: Legal rights in marriage: what are the reasons for a divorce?

“Rigorous proof of marriage should not be a requirement for receiving alimony under Section 125 of the CrPC,” the court said.

The ruling summarized that Section 125 of the CrPC would include couples who lived together for years.

Shivangi Thapa is an intern at SheThePeople.Tv