Supreme Court Guidelines on Maintenance Laws [2020]: Key Directions

The Supreme Court of India has issued comprehensive guidelines and directions concerning the adjudication and enforcement of maintenance in matrimonial matters. This landmark judgment, circulated by the High Court of Punjab and Haryana, aims to bring uniformity and consistency in the approach of Family Courts, District Courts, and Magistrate Courts across the country when dealing with maintenance applications under various statutes, including the Criminal Procedure Code (Cr.P.C.), Hindu Marriage Act (HMA), Hindu Adoptions & Maintenance Act (HAMA), and the Protection of Women from Domestic Violence Act (D.V. Act).

Quick Overview

What Changed: Key Areas of Clarification

The Supreme Court addressed several critical issues that have historically led to delays, conflicting orders, and inconsistencies in maintenance proceedings. The judgment provides clarity and new directives on:

• Overlapping Jurisdiction: How to handle maintenance claims made under multiple statutes.
• Interim Maintenance: Streamlining the process for awarding temporary maintenance during the pendency of proceedings.
• Quantum of Maintenance: Establishing clear criteria for determining the amount of maintenance.
• Date of Award: Specifying the effective date from which maintenance should be granted.
• Enforcement of Orders: Strengthening mechanisms for the execution of maintenance orders.

Reason for Change

The Court observed that applications for interim maintenance often remain pending for several years, defeating the very object of social welfare legislation designed to prevent destitution. The reasons identified include docket pressure, repetitive adjournments, non-disclosure of correct financial details by parties, and divergent views among High Courts on various aspects of maintenance. The new guidelines aim to ensure social justice, expedite proceedings, and provide financial support to dependent spouses and children without undue delay.

Action Required by Courts & Parties

For Courts:

• Ensure the Affidavit of Disclosure of Assets and Liabilities (Enclosures I, II, III of the judgment) is filed by both parties in all maintenance proceedings.
• Endeavor for settlement of disputes as mandated by Section 9 of the Family Courts Act 1984.
• Make professional Marriage Counsellors available in every Family Court.
• Decide applications for interim maintenance (I.A.) within a period of four to six months at the latest, after the Affidavits of Disclosure have been filed.
• Exercise judicial discretion to modify the affidavit format if required by case exigencies.
• Consider initiation of proceedings under Section 340 Cr.P.C. and for contempt of Court for false statements or misrepresentations in pleadings.

For Applicants/Parties in Maintenance Cases:

• Mandatorily disclose any ongoing or past legal proceedings related to maintenance or child support.
• File a concise application for interim maintenance along with a comprehensive Affidavit of Disclosure of Assets and Liabilities.
• Respondents must submit their reply along with the Affidavit of Disclosure within a maximum period of four weeks, with no more than two adjournments for this purpose.
• Be aware that wilful and contumacious default in paying maintenance may lead to the striking off of defence or contempt proceedings.

Revised Details: Supreme Court’s Final Directions

(a) Issue of Overlapping Jurisdiction

To avoid conflicting orders and multiplicity of proceedings:

• When successive claims for maintenance are made under different statutes, the Court will consider an adjustment or set-off of the amount awarded in previous proceedings.
• It is mandatory for the applicant to disclose previous proceedings and orders passed therein.
• Any modification or variation to an order passed in a previous proceeding must be sought in the same original proceeding.

(b) Payment of Interim Maintenance

To streamline and expedite interim maintenance applications:

• The Affidavit of Disclosure of Assets and Liabilities (Enclosures I, II, and III of the judgment, as applicable) must be filed by both parties in all maintenance proceedings, including pending cases.
• The applicant must file a concise application accompanied by the Affidavit.
• The respondent must submit their reply along with the Affidavit within a maximum of four weeks. Courts should not grant more than two opportunities for this.
• Failure to file the Affidavit by the respondent may lead to the Court deciding the application based on the applicant’s affidavit and pleadings, and potentially striking off the respondent’s defence for wilful delay.
• The concerned Courts must endeavor to decide interim maintenance applications within four to six months after the Affidavits of Disclosure are filed.
• Professional Marriage Counsellors must be available in every Family Court.

(c) Criteria for Determining Quantum of Maintenance

For determining the quantum of maintenance, Courts must consider the criteria enumerated in Part B – III of the judgment, including:

• Status of the parties and their reasonable wants.
• Claimant’s independent income, property, and earnings.
• Justification for separate living (if applicable).
• Number of persons entitled to maintenance.
• Financial capacity of the husband, his actual income, and reasonable expenses.
• Age and employment of parties (e.g., impact of career break for child-rearing).
• Expenses for minor children (food, clothing, residence, medical, education, extra-curricular, vocational training).
• Serious disability or ill health of a spouse, child, or dependent relative.
• The principle that merely being capable of earning or having some income does not bar a wife’s claim for maintenance, which should allow her to maintain a standard of living similar to her matrimonial home.

(d) Date from which Maintenance is to be Awarded

The Supreme Court clarified that maintenance in all cases must be awarded from the date of filing the application for maintenance. This is to ensure that the applicant is not deprived of sustenance due to procedural delays.

(e) Enforcement / Execution of Orders of Maintenance

To ensure timely enforcement of maintenance orders:

• Orders or decrees of maintenance can be enforced under Section 28A of the Hindu Marriage Act, 1956; Section 20(6) of the D.V. Act; and Section 128 of Cr.P.C., as applicable.
• Maintenance orders can be enforced as a money decree of a civil court, using provisions of the Civil Procedure Code (CPC), particularly Sections 51, 55, 58, 60 read with Order XXI (dealing with attachment of property, civil detention).
• Striking off the defence of the respondent is a measure of last resort for wilful and contumacious default, especially for dependent unemployed wives and minor children.
• Contempt proceedings for wilful disobedience may also be initiated.

Frequently Asked Questions (FAQs)

Q1: What is the primary objective of these new Supreme Court guidelines?

The primary objective is to bring uniformity and consistency in deciding maintenance applications, prevent conflicting orders due to overlapping jurisdictions, ensure prompt payment of interim maintenance, and streamline the enforcement of such orders across all Family Courts, District Courts, and Magistrate Courts in India.

Q2: From when will maintenance be awarded as per the new guidelines?

As per the Supreme Court’s clear direction, maintenance in all cases will now be awarded from the date of filing the application for maintenance, rather than from the date of the court’s order or service of summons.

Q3: What is the ‘Affidavit of Disclosure of Assets and Liabilities’ and why is it important?

This is a mandatory affidavit that both parties in a maintenance proceeding must file. It requires a full and accurate disclosure of their income, expenditure, assets, and liabilities from all sources. It’s crucial for courts to make an objective assessment of the maintenance amount, preventing parties from concealing information or making false statements.

Q4: What happens if a party fails to file the Affidavit of Disclosure within the stipulated time?

If the respondent delays or fails to file the affidavit, the court may proceed to decide the application based on the applicant’s affidavit and pleadings. In cases of wilful and contumacious delay, the court may also consider striking off the respondent’s defence.

Q5: Can a wife claim maintenance under multiple laws simultaneously?

Yes, a wife can claim maintenance under different statutes (e.g., Cr.P.C., HMA, D.V. Act, HAMA). However, the court will consider an adjustment or set-off of any maintenance already awarded in previous proceedings to avoid directing the husband to pay maintenance under each proceeding independently.

Q6: What role do Marriage Counsellors play under these new guidelines?

The Supreme Court has directed that professional Marriage Counsellors must be made available in every Family Court. Their role is to assist in the settlement of disputes, which is a mandate under Section 9 of the Family Courts Act, before the matter proceeds to merits.

Q7: What are the consequences for making false statements in the Affidavit of Disclosure?

Making false statements in the affidavit can lead to serious consequences, including contempt of Court and prosecution under various sections of the Indian Penal Code (Sections 191, 193, 199, and 209), which carry penalties of imprisonment and fine.

Q8: How will maintenance orders be enforced more effectively now?

The guidelines clarify that maintenance orders can be enforced as civil court money decrees using provisions of the CPC (Sections 51, 55, 58, 60, Order XXI), which include civil detention and attachment of property. Additionally, courts can strike off the defence of a defaulter in extreme cases or initiate contempt proceedings for wilful disobedience.