Tribune news service
New Delhi, November 4th
The claim to maintenance under all enactments, including those under Section 125 of the CrPC, must be based on the filing of the application, the Supreme Court ruled on Wednesday.
“A dependent spouse’s financial constraints hamper his or her ability to be effectively represented in court. To prevent a dependent relative from becoming destitute, it is necessary that alimony be awarded from the day the claim for alimony is submitted to the relevant court, ”said a bank headed by Judge Indu Malhotra.
“Delaying the decision is not only against human rights, but also against the basic embodiment of the dignity of an individual,” said the decision on a marriage case from Maharashtra in which the maintenance of a wife and a son was required under Section 125 of the CrPC to be determined.
Since courts set different legal standards for granting temporary maintenance and permanent maintenance in matrimonial matters, the Supervisory Committee has also established guidelines to ensure uniform judicial practice in these matters.
The guidelines dealt with issues of overlapping responsibilities, provisional maintenance, the criteria for determining the amount of maintenance, the date from which maintenance is to be granted and the execution of maintenance orders.