The Rajnesh v. Neha (2020) #judgement on #maintenance

The landmark Supreme Court case of Rajnesh vs. Neha (2020) is the most significant judgment regarding maintenance in India. It was delivered to streamline the process, prevent delays, and ensure transparency in matrimonial disputes across all laws (HMA, CrPC/BNSS, DV Act, etc.).
Below is a summary of the key mandates and how they affect interim maintenance:
1. Mandatory Disclosure of Assets (The "Affidavit")
The most critical takeaway is that both parties must file an "Affidavit of Disclosure of Assets and Liabilities."
Transparency: Since husbands often conceal income and wives may exaggerate needs, this affidavit requires detailing all bank accounts, properties, investments, and expenses.
Timeline: The applicant (usually the wife) must file it with the maintenance application. The respondent (husband) must file his reply and affidavit within 4 weeks.
Consequences: If a party lies or hides assets, the court can strike off their defense or initiate perjury proceedings.
2. Date of Award
Before this judgment, courts often awarded maintenance from the date of the "order," which meant wives suffered during long trials.
The Rule: Maintenance must now be awarded from the date of the application, not the date of the court's decision. This ensures the applicant is supported during the pendency of the case.
3. Issue of "Overlapping Jurisdiction"
Often, a spouse files for maintenance under multiple laws (e.g., Section 125 CrPC and the DV Act).
Disclosure: The applicant must disclose if they are already receiving maintenance from a previous case.
Adjustment: While you can file under multiple laws, the court will adjust or set off the amount. You cannot "double-dip" to get full amounts from two different courts for the same purpose.
4. Quantum (How much?)
The court ruled there is no "straitjacket formula," but the following factors must be balanced:
The standard of living the wife enjoyed in the matrimonial home.
The age and employment status of the parties.
The educational expenses of the children.
Whether the wife is "capable" of earning vs. whether she is actually earning.
5. Timely Disposal
The Supreme Court directed that interim maintenance applications should ideally be decided within 4 to 6 months after the affidavits are filed.
How this helps you:
If you are currently in a maintenance dispute, ensuring that the Affidavit of Assets and Liabilities (Annexure I, II, or III of the judgment) is correctly filed is the first step.
This judgment provides a comprehensive framework for all maintenance cases in India, not just the specifics of the Rajnesh vs. Neha case.