The law requires a spouse with sufficient means to provide monthly maintenance to a dependent spouse. A destitute spouse approaches the Court, suppose today. Now, it takes a few days to serve a notice to the respondent spouse. Then, a few more days for the Court to hear the matter, then a few more Court dates and a few years gone. Then the Family Court comes to conclusion regarding payment of maintenance, and a few more years gone in appeals. So after all this delay, if things are settled and maintenance has to be finally paid, what is the date from which maintenance is to be awarded? This was the question the Supreme Court answered in the case of 2020, that we shall discuss here.
Rajnesh v. Neha Judgment
The Supreme Court in Rajnesh versus Neha addressed various clouds of confusion surrounding maintenance in matrimonial cases. The Apex Court even gave a format for an affidavit of Disclosure of Assets and Liabilities. It laid the factors to be looked upon by the Courts to determine the quantum of maintenance to be awarded to a spouse. Along with all such important aspects, the Supreme Court settled the date from which maintenance is to be awarded. The same is being discussed below based on how the Court justified payment of maintenance from a certain date.
Date from which maintenance is to be awarded – Why Important?
In matrimonial cases, there is provision for payment of maintenance under Section 144 of BNS as well as under various personal laws. The idea is to not let the dependent spouse go destitute during pendency of matter in case of dispute in marriage. In such cases, the other spouse is required to extend financial support to the dependent spouse through Court order. However, the Courts go by their own pace, and it was taking years to decide maintenance matters. The whole purpose of maintenance provisions in such a scenario was being defeated.
Therefore, the Supreme Court in Rajnesh vs Neha once and for all settled this. The very question was whether maintenance should be awarded from the date of application, or from the date on which the order is passed by the Court concerned. The Apex Court, looking at the first-hand purpose of the provision, settled the score.
Interim Maintenance from Date of Order?
In the case of Rajnesh vs Neha, the application for interim maintenance had been pending for 7 years, and difficulties in enforcement, until the matter was decided by the Supreme Court. The Apex Court looked at the provision under then Section 125 of CrPC (as enveloped under Section 144 of BNS). It conferred the discretion upon the Court to decide the date from which maintenance is to be awarded. It could be interim maintenance from date of order or date of application. It further requires disposal of application within 60 days from the date of service of notice to the respondent.
Even under Hindu Marriage Act, the Court noted that there was nothing to settle the date from which maintenance is to be awarded effective through a Court order. Nor does Section 12 of the Domestic Violence Act. Thus, the Court expressed concern about difference in practice adopted by Family Courts in India. The difference in practice in awarding payment of maintenance pertains to the following:
- From the date on which the application for maintenance was filed;
- The date of the order granting maintenance;
- The date on which the summons was served upon the respondent.
Maintenance in all cases to be awarded from the date of filing application: Supreme Court
Looking at the three scenarios and decisions of various Courts regarding the date from which maintenance is to be awarded, the Apex Court took the matter in its own hands. The Court found it appropriate that maintenance in all cases be awarded from the date on which application was filed. The main reason for the same was the significant delay in disposal of the applications for interim maintenance.
The Supreme Court reasoned that “The rationale of granting maintenance from the date of application finds its roots in the object of enacting maintenance legislations, so as to enable the wife to overcome the financial crunch which occurs on separation from the husband. Financial constraints of a dependant spouse hampers their capacity to be effectively represented before the Court. In order to prevent a dependant from being reduced to destitution, it is necessary that maintenance is awarded from the date on which the application for maintenance is filed before the concerned Court.”
The Supreme Court settled that maintenance in all cases to be awarded from the date of filing application. It further added that since the applicant holds no control over the period during which the maintenance proceedings remain pending, the right to claim maintenance must date back to the date of filing the application.
Conclusion
In India, the applications seeking maintenance from a married spouse first come before the Family Court. Any discrepancy during pendency may come before the High Court or the Supreme Court. Otherwise, appeals against the Family Court order also reach the Higher Courts. That is why the 60-day disposal provision under the various maintenance laws do not come to reality. This was the reason why the Supreme Court found it crucial to decide the date from which maintenance is to be awarded. The main focus was the purpose – that if they allow Interim Maintenance from date of order, the destitute spouse may not be able to prominently represent before the Court due to financial crunch. Thus, “Maintenance in all cases to be awarded from the date of filing application”, said the Supreme Court.
