Orders like ‘beg or steal, you will have to pay maintenance’ will be curbed! Supreme Court has set 8 parameters

New Delhi : Atul Subhash suicide case has shocked the entire country. There is tremendous anger on social media. 34 year old Subhash was an engineer in a private company in Bengaluru. Before dying, he/she wrote a 24-page note and recorded an 80-minute video message in which he/she expressed his/her pain. Along with his/her wife’s torture, he/she also blamed the family court judge who had allegedly demanded Rs 5 lakh from him/her for case settlement, responsible for his/her death. Subhash was married 5 years ago and had a 4 year old child. The family court had ordered him/her to pay Rs 40 thousand every month to his/her wife for the maintenance of the child. Wife Nikita Singhania had filed 9 cases against him/her and his/her family including dowry harassment. After the death of Subhash, many people are expressing anger on social media and alleging that many times the courts are arbitrarily deciding the amount of maintenance in divorce cases. Amidst the outrage over the Atul Subhash case, the Supreme Court has given an 8-point formula to the courts across the country to decide the maintenance allowance. The top court said that it is necessary to ensure that the amount of permanent alimony does not penalize the husband. This should be made with the aim of ensuring a respectable standard of living for the wife. The Supreme Court has set 8 point guidelines for the courts, on the basis of which they will have to decide the amount of alimony. The court said, ‘It is also necessary to ensure that the amount of permanent alimony should not penalize the husband but should be aimed at ensuring a respectable standard of living for the wife.’ However, in the ‘Rajneesh vs Neha’ case in November 2020, the Supreme Court had also set guidelines for the courts regarding maintenance. Let us have a look at which 8 parameters have been set by the apex court in its latest decision to decide the maintenance allowance.

• Social and economic status of husband and wife
• Basic needs of future wife and children
• Qualification and employment of both parties
• sources of income and wealth
• Wife’s standard of living while living with in-laws
• Has he/she left his/her job to take care of his/her family?
• Fair amount for legal battle for wife who is not working
• Husband’s financial condition, his/her earnings and other responsibilities along with alimony

Haq Ki Baat: ‘Beg, steal, do anything…you will have to pay maintenance to wife and child’, famous decisions of courts on maintenance

Even in 2020, the Supreme Court had set guidelines for maintenance
On November 4, 2020, the Supreme Court had set guidelines for courts across the country regarding maintenance allowance in the ‘Rajneesh vs. Neha’ case. The court had said that there is no fixed formula for the amount of alimony. This is case dependent and may differ from case to case. The top court said that when the courts decide the amount of maintenance, they should consider any previous decision. Important aspects to be considered while determining the maintenance amount are the circumstances of the parties, the needs of the applicant, the income and assets of the respondent, financial responsibilities of the claimant, age and employment status of the parties, maintenance of minor children and illness or disability. . The Supreme Court clarified that the orders related to maintenance should also be followed like the decisions of the civil court. If the order is not followed, action should be taken ranging from detention of the concerned party to confiscation of property. The courts will have the power to initiate contempt proceedings in such cases.

Some famous decisions of the courts on alimony
On social media, people are also mentioning some strange decisions given by different courts regarding maintenance allowance. Alimony will have to be paid even if the husband is unemployed. Even if the wife earns more than the husband, she will still get alimony. Even after the death of her husband, the wife can claim maintenance from her in-laws. Sometimes a court also comments that beg, take loan or steal, whatever you do, you will have to pay maintenance.

Opinion: Sorry Atul Subhash! Neither will you raise your voice in Parliament nor will any court take cognizance; The man you were!
9 years ago in 2015, in the case ‘Rajesh vs. Sunita and others’, the Punjab and Haryana High Court had said that if the husband fails to pay maintenance, then he/she will have to face punishment for every default. The High Court said in its decision that the first and most important responsibility of the husband is towards his/her wife and child. The court even said that to fulfill this responsibility the husband has the option of begging, borrowing or stealing.

Interestingly, in January 2018, the Madras High Court in a case advised family court judges to avoid comments like ‘beg, borrow or steal’ in maintenance cases. Justice RMT Tika Raman said that begging or stealing is against the law, hence do not make such comments.