How much should be the Maintenance to the Spouse? Supreme Court Decided in its judgement.

The Supreme Court has clarified that an earning wife is also entitled to maintenance if her income is not sufficient to maintain the standard of living she was accustomed to during the marriage. In Shailja & Anr. vs. Khobbanna (2017), the Court stated that even if the wife is earning, she is entitled to claim maintenance from her husband if her income is insufficient to maintain herself and the children.

The Supreme Court of India has delivered several important judgments on maintenance cases, which set precedents and guidelines for lower courts. One significant judgment is Rajnesh vs. Neha (2020), where the Supreme Court laid down comprehensive guidelines for deciding maintenance cases under Section 125 of the Code of Criminal Procedure (CrPC) and other relevant laws. The key points include:

1. Uniformity in Orders: The Court emphasized the need for uniformity in maintenance orders to avoid different courts granting different amounts for similar circumstances.
2. Affidavit of Disclosure of Assets and Liabilities: Both parties must file detailed affidavits disclosing their assets, income, and liabilities to ensure transparency and fairness.
3. Interim Maintenance: The Court directed that interim maintenance should be granted within a specified timeline to provide immediate relief.
4. Criteria for Maintenance: Factors such as the standard of living of the wife, her needs, the husband's income and assets, and the duration of the marriage must be considered.
5. Duration of Payment: Maintenance must be paid from the date of application, not from the date of the order.

The amount of maintenance to be given to a wife depends on several factors, including:

1. Husband’s Income: The earning capacity and actual income of the husband.
2. Wife’s Needs: The reasonable needs and standard of living of the wife, considering the lifestyle she was accustomed to during the marriage.
3. Wife’s Income: If the wife is earning, her income is taken into account.
4. Children’s Needs: If there are children, their educational and living expenses are considered.
5. Other Responsibilities: The husband’s other financial responsibilities, such as dependent parents or previous maintenance obligations.

While there is no fixed percentage, courts often grant around 25% to 33% of the husband's net monthly salary as maintenance, but this can vary based on the specific circumstances of each case.

The latest significant judgment on interim maintenance to a wife is from the Rajnesh vs. Neha (2020) case. The Supreme Court emphasized the importance of granting interim maintenance promptly to provide immediate relief to the wife. The Court directed that interim maintenance applications should be decided within four to six months from the date of the application. The Court also provided detailed guidelines for the calculation of interim maintenance, ensuring that it is fair and adequate.

Summary

• Supreme Court Judgement on Maintenance: Comprehensive guidelines for deciding maintenance cases were laid out in Rajnesh vs. Neha (2020).
• Amount of Maintenance: Depends on the husband's income, wife's needs, wife's income, children's needs, and other financial responsibilities. Typically, courts may grant around 25% to 33% of the husband's net monthly salary.
• Maintenance to Earning Wife: An earning wife is entitled to maintenance if her income is insufficient to maintain her standard of living during the marriage.
• Interim Maintenance: Interim maintenance should be granted promptly, typically within four to six months from the date of the application, as emphasized in Rajnesh vs. Neha (2020).

For the most accurate and personalized advice, consulting with a legal expert or lawyer who specializes in family law is recommended.