The Supreme Court recently laid down new guidelines for determining interim maintenance in matrimonial cases. The guidelines aim to remove issues around overlapping jurisdiction, payment of interim maintenance, and criteria for determining maintenance amounts. Specifically, the guidelines state that maintenance should be awarded from the date of filing, and courts cannot pass successive enforcement orders for applications pending over 7 years. The court ordered a husband to pay all past due maintenance within 12 weeks and comply with future orders in a case that has been pending for 7 years.

1. Latest Supreme Court Guidelines
for Interim Maintenance in
Matrimonial Cases

2. Referred Sections in the Judgement:
Citation of the matter: CRIMINAL APPEA L NO. 730 of 2020
(arising out of SLP (Crl.) No.9503/2018).
Section 125 and 128 in The Code of Criminal Procedure, 1973

3. The Latest Judgment of the Supreme Court on Interim
Maintenance 2020:
Recently, on Wednesday, the Supreme Court laid down guidelines
to decide the quantum of interim maintenance and compensation
to be awarded from the date of filing applications in matrimonial
matters.

5. Key happenings in the matter Chronologically:
1. Family Court: (24.08.2015)
The Wife (Neha) first filed an interim application u/s 125 CrPC
claiming maintenance for herself and their son by her husband
(Rajnesh). The Family Court awarded her an Order for interim
maintenance of Rs.15,000/- per month to Wife starting from
01.09.2013 and Rs.5,000/- per month to their son starting from
01.09.2013 to 31.08.2015 and Rs.10,000/- per month from
01.09.2015 till further orders.

6. 2. Bombay High Court- Nagpur Bench (14.08.2018)
The above order was challenged by the husband as he was
unemployed and could not pay the maintenance amount as
directed by the Court. He challenged by way of a Criminal Writ
Petition No.875/2015 before Bombay High Court, Nagpur
Bench. High Court dismissed the Writ Petition dated 14.08.2018
and affirmed the Order of the Family Court.

7. 3. Supreme Court: (2020)
Husband appealed against the High Court’s judgement in the
Hon’ble Supreme Court of India. The Supreme Court directed the
Husband to pay the entire arrears of maintenance @Rs.15,000/-
per month within a period of 12 weeks from the date of judgment
and to comply with all the orders u/s 125 of CrPC. In addition to
this, Supreme Court observed that this application of interim
maintenance was pending before the court for 7 years now and
Courts could not pass orders for enforcement against the
successive applications filed by the Wife.

8. For the above purpose, Supreme Court provided for framing of
guidelines on the issue of maintenance, which would remove
issues of overlapping jurisdiction under different enactments for
payment of maintenance, payment of Interim Maintenance, the
criteria for determining the quantum of maintenance, the date
from which maintenance is to be awarded, and enforcement of
orders of maintenance.

9. Read Complete Judgement on Supreme Court
Guidelines in Matrimonial Cases:
https://main.sci.gov.in/supremecourt/2018/37875/37875_201
8_39_1501_24602_Judgement_04-Nov-2020.pdf
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