Maintained important points

When can interim maintenance be rejected?

In many judgements of Supreme Court and high courts said So to reject the case of maintenance or to
deny interim maintenance, it has to be proved

beyond the reasonable doubt that 1. Wife is well educated 2. She is capable to earn or

she is earning or previously she was employed and now left the employment without

any valid reason.

There’s no doubt that respondent wife meet all these requirements.

On what grounds can maintenance be rejected?

According to Section 125 (4) of the Criminal Procedure Code (CrPC), a wife is not

entitled to maintenance if she has committed adultery or is infidel or if she is refusing to

live with her husband without any sufficient reason or if the divorce is sought by mutual

consent or if the husband does not have source of ...

What is the latest judgement on interim maintenance to wife?

● S.12 DV Act | 'Domestic Incident Report' By Protection Officer Not Mandatory To Grant

Interim Maintenance: Orissa High Court. ...

● DV Act | Unproven Allegations Of Illicit Relationship No Ground To Deny Interim

Maintenance To Wife: Delhi High Court.

WHAT ARE THE CHANCES OF GETTING THE APPLICATION REJECTED?

WHAT ARE THE CHANCES OF GETTING THE APPLICATION REJECTED?
WHAT ARE THE CHANCES OF GETTING THE APPLICATION REJECTED?
 If the husband proves that he is incapable of maintaining himself, then the application
gets rejected.
 If the wife makes vague statements about the husband’s income, then the application
may get rejected.
 If there is not enough proof regarding the wife’s income or husband’s income, then the
application may get rejected.
 Court's Discretion: The court will assess the husband's ability to earn based on his
qualifications, skills, and employability. If he appears capable of finding work within a
reasonable period, the court might reduce the maintenance amount but not necessarily
eliminate it altogether.
Wife's Income and Standard of Living: The court also considers the wife's income and earning
potential. If she can independently support herself, the maintenance amount might be lower or
even denied. However, the court ensures that the wife's standard of living, established during the
marriage, is not drastically compromised

Conclusion:

Losing a job can impact the amount of maintenance awarded, but it doesn't
completely erase the husband's obligation. The court, based on evidence and
considering both spouses' situations, determines the appropriate course of action.
How to reduce wife maintenance?

Husband can reduce maintenance of wife on various ways:

1. In case of wife left the husband on her own.

2. Produce evidence that wife is well of earning.
3. Husband needs to show his liabilities.
4. Negotiation and Mediation.

What is Section 127 of CRPC?

A. The power under Section 127 of CRPC flows from Section 125 ipc itself,
any person who receives, a monthly allowance under section 125 of
ipc for the maintenance or interim maintenance, such as wife, child,
father or mother, the Magistrate can make such alteration in monthly
allowance depends on proof of a change in the circumstances of the
appropriate case. Alteration in allowance and Enforcement of order of
maintenance are defined under Section 127 of CRPC 1973.

What are the grounds on No maintenance to wife ?

A. Grounds on NO maintenance to wife are:

 Wife living in Adultery

 Wife Living separately without sufficient cause.
 Professionally qualified wife-Capable of earning
 Separated by mutual consent
 Earning wife

what is the difference between maintenance under section 125 ipc and
section 24 of Hindu Marriage Act?
 A. Section 24 HMA is only applicable during HMA proceedings, but
section 125 ipc can run without wife seeking divorce
 if wife deserted husband will she liable to claim maintenance from
husband?
 A. No
 Can men claim maintenance on the grounds of cruelity?
 A. Yes
 Can order of Maintenance awarded under Domestic Violence act be
substituted by Maintenance under section 125 Cr.P.C?
 A. Yes

Under what circumstances can there be no maintenance to wife?

A. No maintenance to wife in the following cases:

1. wife has wilfully disserted the husband.

2. wife has contracted second marriage.
3. wife is pursuing an adulterous relationship.
4. a woman against whom Restitution decree has been
passed.
5. Cancellation of maintenance of the wife by a competent
civil court.
6. Woman staying away by mutual consent or has forgone
maintenance.
7. Divorce was granted on her default of wife

Maintenance is not merely a

legal right. It is part and parcel of
basic human right. For weaker sect-
ions, it is a problem in the sense that
their very survival rests upon the
maintenance. The object of providing
maintenance is two-fold: firstly, to
prevent vagrancy resulting fromstr-
ained relations between the husband
and wife, and secondly, to ensurethat
the indigent litigating spouse is not
handicapped in defending orprose-
cuting the case due to want of
money

Section 24 of the Hindu Mar-

riage Act empowers the Court to
award maintenance pendente-lite and
litigation expenses to a party whohas
no independent income sufficient for
his/her support in proceedingspen-
ding under the Hindu Marriage
Act, 1955, having regard to the
income of the parties. The Proviso
to Section 24 provides that theapp-
lication under Section 24 shall be
disposed of within 60 days of the
date of service of notice on the oppo-
site party.

Section 24 of the Hindu Mar-

riage Act empowers the Court to
award maintenance pendente-lite and
litigation expenses to a party whohas
no independent income sufficient for
his/her support in proceedingspen-
ding under the Hindu Marriage
Act, 1955, having regard to the
income of the parties. The Proviso
to Section 24 provides that theapp-
lication under Section 24 shall be
disposed of within 60 days of the
date of service of notice on the oppo-
site party.

Section 26 empowers the

Court to pass an order with respect
tocustody, maintenance and education
of the minor children. The proviso to
Section 26 provides that the appli-
cation under Section 26 shall, so far
aspossible, be disposed of within a
period of 60 days from the date of
theservice of the notice.
6. Section 27 of the Hindu Marr-
iage Act empowers the Court to make
provision with respect to any property
presented, at or about the time of
marriage, which may belong jointly to
both the husband and the wife.
7. The Hindu Marriage Act is a
complete code which codifies all the
rights, liabilities and obligations ari-
sing from a matrimonial tie between
Hindus. Sections 21-B and 23-A of
the Hindu Marriage Act, were added
by Marriage Laws (Amendment) Act,
1976 with a view to expedite thetrial
under the Hindu Marriage Act. Sec-
tion 21-B (1) requires the trial tocont-
inue from day to day until its conc-
lusion. The Trial Court has torecord
reasons if it finds necessary to
adjourn the case beyond thefoll-
owing day. Section 21-B (2) further
requires the trial of every petition
under the Act to be concluded within
a period of six months. Section 23 -A
permits the respondent to make a cou-
nter claim for any relief under the
Act.

The true income of the parties

is within their personal knowledge

and Section 106 of the Indian Evid-

ence Act specifically casts the burden

of proof of the income on them. Sec-

tion 106 of the Indian Evidence Act

reads as under:

“Section 106

- Burden of

proving fact especially

withinknowledge –

When any fact is especially

within the knowledge of any

person,the burden of proving

that fact is upon him. ”

The parties are further required to

discloseincome from other sources,

namely, agricultural income, rent,int-

erest on bank deposits and other inves-

tments, dividends,mutual funds, annu-

ities, profit on sale of movable/imm-

ovableassets etc. With respect to the

assets, the parties are required todisc-

lose the particulars of the immovable

properties, financialassets including

bank accounts, DEMAT accounts,

safetydeposit lockers; investments

including FDRs, stocks, shares,insu-

rance policies, loans, foreign inves-

tments; movable assetsincluding

motor vehicles, mobiles, computer,

laptop, electronicgadgets, gold, sil-

ver and diamond jewellery etc.;

intangibleassets; garnishee(s)/trade

receivables; corporate/businessinterests; disposal and parting away of properties; properties acquired by

the family members.

It is clarified that the affidavit

of assets, income and expenditure is

not to be filed along with the peti-

tion/application/ or writtenstatement/
reply.

If the party does not truly disclose

all his assets and income,the opposite

party is at liberty to serve the interro-

gatories underorder XI of the Code of

Civil Procedure and/or seek produ-

ctionof relevant documents from the

party filing the affidavit.

The Court shall, thereafter,

consider whether the oralexami-

nation of the party is necessary under

Section 165 of theEvidence Act. If

so, the Court shall proceed to exa-

mine theparty to elicit the truth. The

principles relating to the scope and

powers of the Court under Section 165

of the Evidence Act havebeen summa-

rized in Ved Parkash Kharbanda v.

Vimal Bindal,

If the admitted income of the par-

ties is on record, such as,in the case

of a salaried employee whose sal-

ary slip is onrecord, the Court may

fix ad-interim maintenance on the

basisof the admitted document-

spending filing of the affidavit of the assets, income and expenditure by

both the parties. The Courtmay rec-

ord the statement of the parties, if

considered necessaryfor fixing the ad-

interim maintenance.

If the statements made in affi-

davit of assets, income andexpen-

diture are found to be incorrect, the

Court shall considerits effect by

drawing an adverse inference or

imposingadditional cost, while fix-

ing the maintenance. However, an

action under Section 340 Cr.P.C. is

ordinarily not warranted inmatri-

monial litigation till the decision of

the main petitionunless the Court,

for the reasons to be recorded, con-

siders itexpedient in the interest of

justice, to deal with it earlier.

Section 10 of Family Courts Act,

1984

26. The Family Courts Act adopts

a less formal procedure. Although

Section 10 of the Act makes the

procedure laid down under the Code

ofCivil Procedure, 1908 applicable to

Family Court proceedings, it also

laysdown that the Family Court is free

to evolve its own rules of procedure.

IMPORTANT
 n of justice. Dispen-

sation of justice, based on truth, is an

essentialfeature in the justice deli-

very system. People would have

faith in Courtswhen truth alone triu-

mphs. The justice based on truth

would establish peacein the society.

29. Krishna Iyer J. in Jasraj

Inder Singh v. Hemraj Multa-

nchand,

(1977) 2 SCC 155 described truth and

justice as under:

―8

. … Truth, like provisions of the Code of Civil Proc-

edure, 1908 (5 of 1908) andof any

other law for the time being in force

shall apply to thesuits and proce-

edings other than proceedings under

Chapter IXof the Code of Criminal

Procedure, 1973 (2 of 1974)], before

aFamily Court and for the purposes

of the said provisions of theCode, a

Family Court shall be deemed to be

a civil court andshall have all the

powers of such court.

(2) Subject to the other provisions of

this Act and the rules, the

provisions of the Code of Criminal

Procedure, 1973, (2 of1974), or

the rules made thereunder, shall

apply to theproceedings under

Chapter IX of that Code before a

FamilyCourt.

(3) Nothing in sub-section (1) or sub-

section (2) shall prevent aFamily

Court from laying down its own proc-

edure with a viewto arrive at a settl-

ement in respect of the subject-matter

of thesuit or proceedings or at the

truth of the facts alleged by theone

party and denied by the other.

Truth should be the Guiding Star in

the Entire Judicial Process

It is the duty of the Court to

ascertain the true income of the par-

tiesand then pass the appropriate

order relating to maintenance. Truth

is thefoundation of justice. Dispen-

sation of justice, based on truth, is an

essentialfeature in the justice deli-

very system. People would have

faith in Courtswhen truth alone triu-

mphs. The justice based on truth

would establish peacein the society.

In Union Carbide Corporation

v. Union of India, (1989) 3 SCC 38,

the Supreme Court described justice

and truth to mean the same. The

observations of the Supreme Court are

as under:

―30

. …when one speaks ofjustice and

truth, these words meanthe same

thing to all men whose judgment is

uncommitted.

In Mohanlal Shamji Soniv.

Union of India, 1991 Supp (1) SCC

271,the Supreme Court observed that

the presiding officer of a Court should

notsimply sit as a mere umpire at a

contest between two parties and dec-

lare atthe end of the combat who has

won and who has lost. The presiding

officerhas a legal duty of his own,

independent of the parties, to take an

active role

in the proceedings in finding the truth

and administering justice.

Section 165 of the Indian Evidence

Act - Judge’s Power to put questions

and order production

36. It is the duty of the Court to

ascertain the truth and then, do justice

onthe basis of the truth. Section 165

of the Indian Evidence Act, 1872 ,

investsthe Judge with plenary powers

to put any question to any witness or

party; inany form, at any time, about

any fact relevant or irrelevant. Sec-

tion 165 isintended to arm the Judge

with the most extensive power poss-

ible for thepurpose of getting at the

truth. The effect of this Section is

that in order toget to the bottom of the

matter before it, the Court will be able

to look at andinquire into every fact

and, thus, possibly acquire valuable

indicativeevidence which may lead to

other evidence strictly relevant and

admissible.The Court is not, how-

ever, permitted to base its judgment

on any, butrelevant statements. Sec-

tion 165 of the Indian Evidence Act,

1872 reads asunder:

“Section 165

- Judge

’s

power to put questions or

orderproduction

The Judge may, in order to discover

or to obtain proper proofof relevant

facts, ask any question he pleases, in

any form, at

any time, of any witness, or of the

parties, about any factrelevant or

irrelevant; and may order the prod-

uction of anydocument or thing;

and neither the parties nor their

agentsshall be entitled to make any

objection to any such question or

order, nor, without the leave of the

Court, to cross-examine anywitness

upon any answer given in reply to any

such question:

Section 30 of the Code of Civil

Procedure - Power to order discovery

Section 30 of Code of Civil Procedure

empowers the Court, either of its own

or on the application of any party, to

make such orders as may be necessary

for the admission of documents

and facts, the discovery,

inspection,production, impounding

and return of documents or other

material objectsproducible as evid-

ence; and any fact to be proved by aff-

idavit. Section 30 ofthe Code of Civil

Procedure reads as under:

Section 30 - Power to order

discovery and the like -

―Subject to such conditions and

limitations as may beprescribed,

the Court may, at any time, either of

its own motionor on the application of

any party, —

(a) make such orders as may be nece-

ssary or reasonable in allmatters

relating to the delivery and

answering ofinterrogatories, the

admission of documents and facts,

and the

discovery, inspection, production,

impounding and return of

documents or other material objects

producible as evidence;(b) issue

summonses to persons whose atten-

dance is requiredeither to give evid-

ence or to produce documents or

such otherobjects as aforesaid;

(c) order any fact to be proved by

affidavit. ‖

nd fixtures.(b) Plant and

Machinery.

(c) Livestock.

(d) Vehicles i.e. car, scooter along

with their brand andregistration num-

ber.

(iii) Investments:—
(a) Bank Accounts - Current or Sav-

ings.

(b) Demat Accounts.

(c) Cash.

(d) FDRs, NSC, IVP, KVP, Post off-

ice schemes, PPFetc.

(e) Stocks, shares, debentures, bonds,

units and mutualfunds.

(f) LIC
policy......................................................................................................................................................
...............................................................................................................................................................
...............................................................................................................................................................
..............................................................................

The

relevant portion of the said judgment is

held as under:

―7

. ...both the parties are directed

to file their respectiveaffidavits of

assets, income and expenditure from

the date of themarriage up to this

date containing the following parti-

culars:—

7.1 Personal

Information

(i) Educational qualifications.

(ii) Professional

qualifications.

(iii) Pre-
sent

occupation.

(iv) Particulars of past occupation,

(v) Members of the family.

(a) Dependent.

(b) Independent.

7.2 Income

(i) Salary, if in service.

(ii) Income from business/profession, if

self employed.(iii) Particulars of all

earnings since marriage.

(iv) Income from other sources:—

(a) Rent.

releva The

nt portion of the said judgment is

held as under:

―7

. ...both the parties are directed

to file their respectiveaffidavits of

assets, income and expenditure from

the date of themarriage up to this

date containing the following parti-

culars:—

7.1 Personal

Information

(i) Educational qualifications.

(ii) Professional

qualifications.

(iii) Pre-

sent

occupation.

(iv) Particulars of past occupation,

(v) Members of the family.

(a) Dependent.

(b) Independent.

7.2 Income

(i) Salary, if in service.

(ii) Income from business/profession, if

self employed.(iii) Particulars of all

earnings since marriage.

(iv) Income from other sources:—

(a) Rent.
(b) (b) Interest on bank deposits and
(c) FDRs.
(d) (c) other interest i.e. on loan, dep-
(e) osits, NSC, IVP, KVP,Post office
(f) schemes, PPF etc.
(g) (d) Dividends.
(h) (e) Income from machinery, plant or
(i) furniture let on hire.(f) Gifts and
(j) Donations.
(k) (g) Profit on sale of movable/immo-
(l) vable assets.
(m) (h) Any other income not covered
(n) above.
(o) 7.3 Assets
(p) (i) Immovable properties:—
(q) (a) Building in the name of self
(r) and its Fair MarketValue (FMV):—
(s) - Residential
 (t) .
(u) - Commercial
(v) .
(w) - Mortgage
(x) .
(y) - Given on rent
(z) .
(aa)- others
(bb) .
(cc) (b) Plot/land.
(dd) (c) Leasehold property.
(ee)(d) Intangible property e.g. pat-
(ff) ents, trademark, design,goodwill.
(gg)(e) Properties in the name of fam-
(hh) ily members/HUF andtheir FMV.
(ii) (ii) Movable properties:—(a) Furn-
(jj) iture and fixtures.(b) Plant and
(kk) Machinery.
(ll) (c) Livestock.
(mm) (d) Vehicles i.e. car, scooter along
(nn) with their brand andregistration num-
(oo) ber.
(pp) (iii) Investments:—
(qq) (a) Bank Accounts - Current or Sav-
(rr) ings.
(ss) (b) Demat Accounts.
(tt) (c) Cash.
(uu) (d) FDRs, NSC, IVP, KVP, Post off-
(vv) ice schemes, PPFetc.
(ww) (e) Stocks, shares, debentures, bonds,
(xx) units and mutualfunds.
(yy) (f) LIC policy.

x) Mobile/landline phone bills.

(xi) Club subscription and usage,

subscription to newspapers, perio-

dicals, magazines, etc.

(xii) Internet charges/cable charges.

(xiii) Household expenses including

kitchen, clothing, etc.(xiv) Salary of

servants, gardener, watchmen, etc.

(xv) Medical/hospitalization expenses.

(xvi) Legal/litigation expenses.

(xvii) Expenditure on dependent

family members.

(xviii) Expenditure on entert-

ainment.

(xix) Expenditure on travel inc-

luding outstation/foreigntravel,

business as well as personal.

(xx) Expenditure on construction/

renovation and furnishingof resi-

dence/office.

(xxi) Any other expenditure not

covered above.

7.6 General Information regarding

Standard of Living andLifestyle

(i) Status of family members.

(ii) Credit/debit cards.

(iii) Expenditure on marriage inc-

luding marriage of family

members.

(iv) Expenditure on family func-

tions including birthday ofthe chi-

ldren.

(v) Expenditure on festivals.

(vi) Expenditure on extra-

curricular activities.

(vii) Destination of honeymoon.

(viii) Frequency of travel including

outstation/foreign travel,business

as well as

personal.

(ix) Mode of travel in city/outside

city. (x)

Mode of outstation/foreign travel

including type of class.(xi) Cate-

gory of hotels used for stay, off-

icial as well as

personal, including type of rooms.

(xii) Category of hospitals opted

for medical treatmentincluding type

of rooms.

The relevant portion

of the judgment is as under:

―8

. ...Whereas Section 27 deals

with the property belonging to

the spouses, Section 26 deals

with their children and section

25with permanent alimony and

maintenance that may be awa-

rdedin favour of a party. The

power of the Court to pass an

orderunder these sections is

discretionary. obviously the

object inenacting these sect-

ions is to ensure severance in

possibly allrespects between

those spouses, who, as the

court thinks,cannot live toge-

ther. The intention behind

framing thesesections is to

make every possible attempt to

settle all possibledisputes bet-

ween such spouses and that too

once for all so thatthere should

not be again an opportunity to

enter into freshlitigation with

each other. Section 27 does

not envisagedeciding any

question as to the title of the

property involvedtherein. Kee-

ping in view the above legis-

lative intent and the

plain language used in

section 27 the principles that

emergetherefrom are as

follows:—

(i) The power of the

matrimonial Court is discre-

tionary and it isnot incumbent

on the Court to make prov-

ision in the decreewith regard

to disposal of the property.

(ii) It must be a matrimonial

proceeding pending under the

Actand an application for dis-

posal of the property must be

made