Maintenance

 

Important Points

1. No set formula, depends on facts and circumstances of case
2. 125 CrPC 
1. is a measure of social justice and specially enacted to protect women and children
2. Falls within constitutional sweep of A15(3) reinforced by A39 of Constitution of India
3. Speedy remedy for supply of food, clothing & shelter to the deserted wife;
4. Giving effect to fundamental rights and Natural duties of a man to maintain his wife, children and parents
5. It is beneficial provision for upholding the dignity of individual.
3. Objective
1. Compel those who can provide support
2. to those who are unable to support themselves 
3. PREVENT  vagrancy and destitution
4. FACTORS to consider while granting Maintenance
1. STATUS of parties
2. Respective NEEDS
3. Capacity of Husband to pay
4. considering his reasonable EXPENSES
1. for OWN maintenance
2. those he is OBLIGATED u/s law
5. Statutory but involuntary payments / deductions.
5. Quantum of maintenance
1. Such wife can live in reasonable comfort 
1. considering her status
2. mode of life she used to live with husband
2. Should not feel handicapped in prosecution of her case.
3. Cannot be excessive / extortionate
4. Spiraling inflation rate and high cost of living index
6. Date of  order 
1. Uniformity and consistency in the orders passed by all courts, by directing that maintenance be awarded from date on which application was made before court.
7. Quality of Proof
1. Section 125 CrPC - Strict standard of proof is NOT necessary as it is SUMMARY in nature to prevent vagrancy.
1. Why?
1. Section 125 CrPC does NOT really determine the rights and obligations of the parties as the section is enacted with a view to provide summary remedy to neglected wives to obtain maintenance.
8. Proof of Marriage
1. When parties live together as husband & wife, there is a PRESUMPTION that they are legally married couple for claim of maintenance 
2. Well settled that law presumes in favor of marriage and against concubinage when man & woman have cohabited continuously for a number of years.
3. UNLESS the clearly proved
4. Presumption is REBUTTABLE, heavy burden lies on him who seeks to deprive the relationship the legal origin. 

Case Law

1. Jasbir Kaur Sehgal Vs Distt Judge, Dehredun ( 1997) 7 SCC 7
1. No set formula can be laid for fixing the amount of maintenance.
2. It has, in the very nature of things, to depend on the facts and circumstances of each case.
3. Court has to consider status of parties, their respective needs, the capacity of the husband to pay having regard to his reasonable expenses for his own maintenance and of those he is obliged under the law and statutory but involuntary payments or deductions
4. The amount of maintenance fixed for the wife should be such as she can live in REASONABLE comfort considering her status and the mode of life she was used to when she lived with her husband and also that she does not feel handicapped in the prosecution of her case
5. at the same time, the amount so fixed cannot be excessive or extortionate
2. Chaturbhuj Vs Sita Bai (2008) 2 SCC 316
1. The object of the maintenance proceeding is not to punish a person for his past neglect, but to prevent vagrancy by compelling those who can provide support to those who are unable to support themselves
3. Captain Ramesh Chander Kaushal Vs Veena Kausha ( 1978) 4 SCC 70
1. 125CrPC measure of social justice and is specially enacted to protect women and children.
4. Dwarika Prasad Satpathy Vs Bidyut Prava Dixit 1999 7 SCC 675
1. The standard of proof of marriage in a section 125 proceeding is not as strict as in required in a trail for an offence under 494 IPC
5. Mohabbat Ali Khan Vs Mohd Ibrahim Khan AIR 1929 PC 135 Privy counsel
1. Privy Council laid down the LAW presumes in favor of marriage against concubinage when man and women have cohabited continually for number of years.
6. Badri Prasad Vs Director of Consolidation 1978 3 SCC 527
1. Presumption is rebuttable, a heavy burden lies on him who seeks to deprive the relationship of legal origin.
7. Tusla Vs Durghtiya (2008) 4 SCC 520
1. The man should not be allowed to benefit from the legal loopholes by enjoying the advantages of de facto marriage without undertaking the duties and obligation.