Supreme Court explains factors to be considered in awarding permanent maintenance

In an important judgment delivered on July 15, 2024, the Supreme Court of India explained the key factors to be considered while determining permanent maintenance in matrimonial disputes. The panel comprises Justices Vikram Nath and Prashant Kumar Mishra provided a comprehensive framework for the calculation of maintenance amounts in their judgment on the Criminal Appeals arising out of Special Licence Applications (Criminal Cases) Nos. 672-675 of 2024 and 1168-1171 of 2024.

Background:

The case involved Kiran Jyot Maini (respondent and wife) and Anish Pramod Patel (respondent and husband), whose marriage was solemnised on April 30, 2015. Within a year, the wife filed an FIR against the husband, accusing him of cruelty, hurt and dowry demands. The couple had been living separately for nine years and there were several court cases pending between them.

Important legal questions:

1. Irrevocable breakdown of marriage

2. Determination of permanent maintenance

3. Factors to be considered for a one-off billing

Decision of the court:

1. Irrevocable failure of the marriage:

The court found that the marriage had broken down irretrievably, citing the long separation, numerous failed attempts at reconciliation and pending court cases. The court exercised its powers under Article 142 of the Constitution and dissolved the marriage.

2. Permanent maintenance:

The court awarded a one-time payment of Rs 2 crore as permanent maintenance, to be paid by the husband within four months.

3. Factors in determining maintenance:

The court has identified several factors that must be taken into account when determining permanent maintenance:

– Income and assets of both parties

– Social and financial status

– Reasonable needs of the wife and dependent children

– Qualifications and employment status

– Own income or assets

– Standard of living during marriage

– Giving up work in favour of family obligations

– Reasonable legal costs for a non-working wife

– Financial capacity of the husband, including income, obligations and liabilities

Important observations:

The Court stressed that there is no fixed formula for calculating maintenance and stated: “The question of maintenance is a subjective matter in each individual case and depends on various factors and circumstances in each individual case.”

Regarding the purpose of maintenance, the Court stated: “The main aim is to prevent the spouse entitled to maintenance from falling into poverty or becoming a wanderer as a result of the breakdown of the marriage, and not to punish the other spouse.”

The judgment also stressed: “Even if the wife has an income, she is not prevented from receiving maintenance. The court should examine whether her income is sufficient to maintain a lifestyle similar to that in the marital home.”

This landmark ruling provides lower courts with clear guidelines for determining permanent maintenance in matrimonial disputes and ensures a fair and balanced approach that takes into account the unique circumstances of each case.