Law provides various options for claiming maintenance. Old/dependent parents can claim maintenances from their children, wives under certain circumstances can claim maintenance from their husbands and maintenance can also be claimed from the parents for their minor children. There are various provision through which a person can knock the door of the court to seek maintenance.

Section 125 of code of criminal procedure provides for provision for the dependent parents, wives and children to claim maintenance. Similarly section 24 and 25 the Hindu marriage Act 1955 provides for interim maintenance, permanent alimony and maintenance. Similar provisions are also available under the special marriage Act. There are various judgments passed by the judiciary that governs the procedures, guidelines and criteria grants of maintenance.

On 04.11.2020, the supreme court in the case of  Rajnesh vs Neha  [Slp (crl)no. 9503 of 2018]    as issued guidelines in respect of maintenance, proceedings before Family Court/District Court/Magistrate’s Court, as the case may be, throughout the country as the case may be.

  1. The Affidavit of Disclosure of Assets and Liabilities annexed at Enclosures I, II and III of this judgment, as may be applicable, shall be filed by the parties in all maintenance proceedings.
  2. The Applicant making the claim for maintenance will be required to file a concise application accompanied with the Affidavit of Disclosure of Assets
  3. The Respondent must submit the reply along with the Affidavit of Disclosure within a maximum period of four weeks. The Courts may not grant more than two opportunities for submission of the Affidavit of Disclosure of Assets and Liabilities to the Respondent.
  4. Format may be modified by the concerned Court, if the exigencies of a case require the same. It would be left to the judicial discretion of the concerned Court, to issue necessary directions in this regard.
  5. If apart from the information contained in the Affidavits of Disclosure, any further information is required, the concerned Court may pass appropriate orders in respect thereof.
  6. If there is any dispute with respect to the declaration made in the Affidavit of Disclosure, the aggrieved party may seek permission of the Court to serve interrogatories, and seek production of relevant documents from the opposite party Under Order XI of the Code of Civil Procedure
  7. On filing of the Affidavit, the Court may invoke the provisions of Order X of the Code of Civil Procedure or Section 165 of the Evidence Act 1872, if it considers it necessary to do so;
  8. The income of one party is often not within the knowledge of the other spouse. The Court may invoke Section 106 of the Evidence Act,1872 if necessary, since the income, assets and liabilities of the spouse are within the personal knowledge of the party concerned.
  9. If during the course of proceedings, there is a change in the financial status of any party, or there is a change of any relevant circumstances, or if some new information comes to light, the party may submit an amended/supplementary affidavit, which would be considered by the court at the time of final determination.
  10. The pleadings made in the applications for maintenance and replies filed should be responsible pleadings; if false statements and misrepresentations are made, the Court may consider initiation of proceeding Under Section 340 Code of Criminal Procedure, and for contempt of Court.
  11. In case the parties belong to the Economically Weaker Sections (“EWS”), or are living Below the Poverty Line (“BPL”), or are casual laborers, the requirement of filing the Affidavit would be dispensed with.
  12. The concerned Family Court/District Court/Magistrate’s Court must make an endeavor to decide the I.A. for Interim Maintenance by a reasoned order, within a period of four to six months at the latest, after the Affidavits of Disclosure have been filed before the court.
  13. A professional Marriage Counsellor must be made available in every Family Court

All the above guidelines are effective both for the future cases as well as the maintenance cases that are already pending. The above safeguards are issued by the court to ensure sufficient safeguards in protecting the rights of both the parties to the proceedings and uphold the essence of such provisions.