In India maintenance to the spouse is provided under civil and criminal laws. Indian courts are considering the maintenance under criminal law under the civil nature, due to this women are getting delayed in maintenance proceedings in the court.
The Hon’ble Supreme Court of India in the Rajinish Vs Neha case has fixed many guidelines to fix the maintenance amount. It made it compulsory for both parties to submit their bank statements, employment details, asset and liabilities details and their expenses per month.
Even when the wife is working and she cannot maintain her poor income, then the husband should give maintenance to the wife. The court will consider the wife’s and children’s children in determining the maintenance. It goes through the rent, food, clothing, medical expenses and other necessary things to maintain themselves. In the case of children, it sees the educational costs.
The income of the wife is the main criterion in determining the maintenance amount. If the income is insufficient for the wife, then the court can order the minimum amount for her survival. For children, it provides maintenance for up to 18 years and the unmarried children can get maintenance until their marriage if they are not working. For physically disabled and mentally retarded children there is no age limit in determining the maintenance amount. It is the duty of the husband as it is framed in the laws that he should provide necessary things to his wife and children.
The husband should also pay the medical expenses and life support measures for his wife. The court will determine this expenditure according to the treatment they receive. Usually, maintenance will be granted to the wife and children according to the status and lifestyle of the husband.
On consent by both parties, they can determine the maintenance amount and if they are not able to consolidate the maintenance amount then the court will fix the maintenance amount.
Author: K.P.Satish Kumar M.L.
Advocate, Madras High Court
Daniel & Daniel has good divorce lawyers in Chennai working around the clock. For Free legal consultation for maintenance laws. Our Helpline: 9840787702
