38.6c New Delhi, India, Friday, July 18, 2025
Top Stories Supreme Court
Political NEWS Legislative Corner Celebstreet International Videos
Subscribe Contact Us
close
Judiciary

Supreme Court orders for re-circulation of 2021 judgment on guidelines for maintenance [Read Judgment]

By LAWSTREET NEWS NETWORK      09 November, 2023 01:07 PM      0 Comments
Supreme Court orders for re circulation of judgment on guidelines for maintenance

NEW DELHI: The Supreme Court has ordered for re-circulation of 2021 judgement on guidelines for maintenance as it found that the detailed guidelines prescribed including filing of affidavit on disclosure of assets and liabilities of the parties were not being adhered to.

A bench of Justices Vikram Nath and Rajesh Bindal said even after pronouncement of the judgment, this court is still coming across number of cases decided by the courts below fixing maintenance, either interim or final, without their being any affidavit on record filed by the parties.

A detailed guidelines was laid down in the case of 'Rajnesh v Neha and Another' (2021).

"We deem it appropriate to direct the Secretary General of this court to re-circulate the judgment not only to all the judicial officers through the High Courts concerned but also to the National Judicial Academy and the State Judicial Academies, to be taken note of during the training programmes as well," the bench said.

The top court set aside the Madhya Pradesh High Court's order, which reduced monthly maintenance amount of Rs 20,000 fixed by the trial court for the minor daughter to Rs 7,500.

"In a given case, where the earning of the wife is also good, that factor can always be considered as joint parenting is always best for upbringing of the child. The basic object is the welfare of the child," the bench said.

However, the top court noted, the High Court's order is cryptic and is bereft of reasons, which deserves to be set aside.

Acting on an appeal by the minor daughter, the bench remitted back the matter for fresh consideration.

The bench said, in the case, there was no record that affidavits were filed by both the parties in terms of judgment of this Court (2021) in Rajneshs case.

"The case in hand is not in isolation," the bench said, adding the litigation which should close at the trial level is taken up to this Court and the parties are forced to litigate.

The bench also pointed out in the 2021 judgement, comprehensive guidelines were issued pertaining to overlapping jurisdiction among courts when concurrent remedies for grant of maintenance are available under the Special Marriage Act, 1954, Section 125 CrPC, the Protection of Women from Domestic Violence Act, 2005, Hindu Marriage Act, 1955 and Hindu Adoptions and Maintenance Act, 1956, and Criteria for determining quantum of maintenance, date from which maintenance is to be awarded, enforcement of orders of maintenance including fixing payment of interim maintenance.

 

[Read Judgment]
 



Share this article:

About:

Explore Comprehensive Legal Reporting with LawStreet Journal: Your Go-To Source for Supreme Court an...Read more

Follow:
TwitterLinkedinInstagram


Leave a feedback about this
Related Posts
View All

Another CBI Officer Investigating Rakesh Asthana Moves SC Against Transfer, Makes Startling Revelations Another CBI Officer Investigating Rakesh Asthana Moves SC Against Transfer, Makes Startling Revelations

After A.K. Bassi, another CBI officer who was investigating corruption allegations against Special Director Rakesh Asthana moved the Supreme Court.

Ayodhya verdict: SC rules in favour of Ram Lalla, Sunni Waqf Board gets alternate land Ayodhya verdict: SC rules in favour of Ram Lalla, Sunni Waqf Board gets alternate land

SC bench led by CJI Ranjan Gogoi has allotted the dispute site to Ram Janmabhoomi Nyas, while directing the government to allot an alternate 5 acre land within Ayodhya to Sunni Waqf Board to build a mosque.

Supreme Court: Money Spent On Judiciary Less Than 1% In All States Except Delhi Supreme Court: Money Spent On Judiciary Less Than 1% In All States Except Delhi

The court guided all states to document their response to the commission's report within four weeks. If any of the states fail to file a response, it will be presumed that they have no objections to the recommendations made by the commission, the court said.

Supreme Court Top Panel Names Chief Justices for Bombay, Orissa and Meghalaya High Courts Supreme Court Top Panel Names Chief Justices for Bombay, Orissa and Meghalaya High Courts

On April 18, 2020, the Supreme Court Collegium recommended new Chief Justices for three High Courts. Justice Dipankar Datta was proposed as Chief Justice of the Bombay High Court, succeeding Justice B.P. Dharmadhikari. Justice Biswanath Somadder was nominated as Chief Justice of Meghalaya High Court, while Justice Mohammad Rafiq was recommended for transfer as Chief Justice of Orissa High Court.

TRENDING NEWS

sc-acquits-man-on-death-row-issues-procedural-guidelines-on-dna-evidence
Trending Judiciary
SC acquits man on death row; issues procedural guidelines on DNA evidence [Read Judgment]

SC acquits man on death row, cites faulty probe; issues detailed procedural guidelines for DNA evidence collection, storage, and chain of custody.

17 July, 2025 11:04 AM
sc-issues-orders-for-disabled-friendly-prisons
Trending Judiciary
SC issues orders for disabled-friendly prisons [Read Judgment]

SC directs disability-friendly prisons; says denial of basic care violates Articles 14 & 21; orders infrastructure upgrades, audits, and compliance within 6 months.

17 July, 2025 11:18 AM

TOP STORIES

s-31-of-dv-act-not-to-apply-for-breach-of-maintenance-order-ktka-hc
Trending Judiciary
S 31 of DV Act not to apply for breach of maintenance order: Ktka HC [Read Order]

Karnataka HC rules Sec 31 of DV Act applies only to protection orders, not maintenance breaches under Sec 20; sets aside woman’s plea against husband.

12 July, 2025 06:06 PM
plea-in-sc-seeks-stay-on-order-to-display-qr-code-for-eatery-owners-on-kanwar-yatra-route
Trending Judiciary
Plea in SC seeks stay on order to display QR code for eatery owners on Kanwar Yatra route

Plea in SC seeks stay on UP-Uttarakhand order mandating QR codes to reveal eatery owners’ identity along Kanwar Yatra route, citing privacy violation.

12 July, 2025 06:15 PM
on-scs-rebuke-cartoonist-agrees-to-delete-objectionable-posts-on-pm-rss
Trending Judiciary
On SC's rebuke, Cartoonist agrees to delete objectionable posts on PM, RSS

SC slams cartoonist Hemant Malviya for objectionable post on PM Modi, RSS; he agrees to delete it after court questions his inflammatory conduct.

14 July, 2025 04:06 PM
trying-best-but-nothing-much-can-be-done-centre-to-sc-on-kerala-nurses-execution
Trending Judiciary
Trying best but nothing much can be done, Centre to SC on Kerala nurse's execution

Centre tells SC it tried through private channels to save Kerala nurse Nimisha Priya from Yemen execution, but says “nothing much can be done”.

14 July, 2025 04:11 PM

ADVERTISEMENT


Join Group

Signup for Our Newsletter

Get Exclusive access to members only content by email