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Latest Supreme Court Guidelines for Interim Maintenance in Matrimonial Cases

Know the latest judgment of the Supreme Court on interim compensation. The Court has issued guidelines on payment of maintenance in matrimonial cases.

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Latest Supreme Court Guidelines for Interim Maintenance in Matrimonial Cases

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  1. Latest Supreme Court Guidelines for Interim Maintenance in Matrimonial Cases

  2. Referred Sections in the Judgement: Citation of the matter: CRIMINAL APPEA L NO. 730 of 2020 (arising out of SLP (Crl.) No.9503/2018). Section 125 and 128 in The Code of Criminal Procedure, 1973

  3. The Latest Judgment of the Supreme Court on Interim Maintenance 2020: Recently, on Wednesday, the Supreme Court laid down guidelines to decide the quantum of interim maintenance and compensation to be awarded from the date of filing applications in matrimonial matters.

  4. Key happenings in the matter Chronologically: 1. Family Court: (24.08.2015) The Wife (Neha) first filed an interim application u/s 125 CrPC claiming maintenance for herself and their son by her husband (Rajnesh). The Family Court awarded her an Order for interim maintenance of Rs.15,000/- per month to Wife starting from 01.09.2013 and Rs.5,000/- per month to their son starting from 01.09.2013 to 31.08.2015 and Rs.10,000/- per month from 01.09.2015 till further orders.

  5. 2. Bombay High Court- Nagpur Bench (14.08.2018) The above order was challenged by the husband as he was unemployed and could not pay the maintenance amount as directed by the Court. He challenged by way of a Criminal Writ Petition No.875/2015 before Bombay High Court, Nagpur Bench. High Court dismissed the Writ Petition dated 14.08.2018 and affirmed the Order of the Family Court.

  6. 3. Supreme Court: (2020) Husband appealed against the High Court’s judgement in the Hon’ble Supreme Court of India. The Supreme Court directed the Husband to pay the entire arrears of maintenance @Rs.15,000/- per month within a period of 12 weeks from the date of judgment and to comply with all the orders u/s 125 of CrPC. In addition to this, Supreme Court observed that this application of interim maintenance was pending before the court for 7 years now and Courts could not pass orders for enforcement against the successive applications filed by the Wife.

  7. For the above purpose, Supreme Court provided for framing of guidelines on the issue of maintenance, which would remove issues of overlapping jurisdiction under different enactments for payment of maintenance, payment of Interim Maintenance, the criteria for determining the quantum of maintenance, the date from which maintenance is to be awarded, and enforcement of orders of maintenance.

  8. Read Guidelines in Matrimonial Cases: Complete Judgement on Supreme Court https://main.sci.gov.in/supremecourt/2018/37875/37875_201 8_39_1501_24602_Judgement_04-Nov-2020.pdf When it comes to solving a legal problem, consulting a Legal Expert is the first thing you should do.

  9. Be it your first consultation or a second opinion, don't wait, talk to a LegalKart Expert. Share your problem, facts and get an Unbiased, Honest and Right Advice. Talk To Expert Lawyer Today!

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