NEW DELHI: In order to bring uniformity, the Delhi High Court has charted out 11 factors that need to be taken into account before passing order on maintenance.
Under the guidelines, which will have to be followed by all trial courts with immediate effect, the High Court has made it clear that no woman can now claim maintenance twice from the husband under different provisions of law.
At present, courts grant interim maintenance to woman under Section 125 and 24 of the Code of Criminal Procedure (CrPC). The amount will be adjusted at the time of final order which on an average takes 8-10 years to settle.
The order comes on a petition filed by a man who alleged that his wife has concealed her income from her job and also from the private tuitions she is taking at home. The trial court has ordered him to pay a monthly maintenance of `65,000 to his wife and three children.
As per the guidelines, court before deciding the interim maintenance will have to see the status of both parties before and after separation—independent incomes, their properties, individual liabilities and provisions for food, clothing, shelter, medical attendance.