NEW DELHI: In a big relief to women, the Supreme Court has issued detailed guidelines tightening the rules regarding maintenance in matrimonial cases. Now, both spouses will have to disclose their income and assets from the date the maintenance application is filed. Also, those who fail to pay maintenance could be arrested and jailed.
“Maintenance laws have been enacted as a measure of social justice to provide recourse to dependant wives and children for their financial support, so as to prevent them from falling into destitution and vagrancy,” the judgment read. A bench of justices Indu Malhotra and Subash Reddy also laid down several criteria that must be considered while calculating the quantum of maintenance.
The court had taken up the issue while hearing a case where a plea for maintenance filed by a woman had remained pending for more than seven years in various courts, while the husband had stopped paying even interim maintenance for the wife and child. Guidelines stated that detailed affidavits disclosing all sources of income, assets and liabilities must be filed by both parties - the claimant must file all details along with the application for maintenance, while the respondent must file their details within four weeks.
The Delhi High Court is already implementing these set of measures as and when the maintenance petition is filed. The court also took note of that in many cases, husbands refuse to pay alimony amount by disposing of assets and claiming reduced income. “If false statements and misrepresentations are made, the Court may consider initiation of perjury proceedings and for contempt of Court,” said the bench.
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The Supreme Court bench added that the order or decree of maintenance may be enforced like a decree of a civil court, through the provisions which are available for enforcing a money decree, including civil detention, attachment of property, etc. The judgment has laid down various factors that must be considered by the family courts while awarding payment of maintenance.
However, the court has expressed support for women who had to give up employment due to marriage/household work. “On termination of the relationship, if the wife is educated and professionally qualified, but had to give up her employment opportunities to look after the needs of the family being the primary caregiver to the minor children, and the elder members of the family, this factor would be required to be given due importance.
This is of particular relevance in contemporary society, given the highly competitive industry standards, the separated wife would be required to undergo fresh training to acquire marketable skills and re-train herself to secure a job in the paid workforce to rehabilitate herself. With the advancement of age, it would be difficult for a dependant wife to get an easy entry into the work-force after a break of several years” observed the bench.