Maintenance Must Reflect Equity and Financial Capacity: Supreme Court Doubles Maintenance
The Supreme Court of India, in a landmark ruling, has enhanced the maintenance amount to Rs. 20,000 per month, emphasizing the principle that maintenance should mirror the financial capacity of the payer and the equitable needs of the recipient.
The judgement revolved around the interpretation and application of Section 18 of the Hindu Adoption and Maintenance Act, 1956. The key legal issue was the adequacy of maintenance awarded considering the respondent’s financial capacity and the appellant’s needs.
The appellant, Yagwati @ Poonam, challenged the adequacy of maintenance granted by the Rajasthan High Court. The High Court had increased the maintenance from Rs. 3,000 to Rs. 6,000 (up until 31.12.2005) and subsequently to Rs. 10,000 per month from 01.01.2006 onwards. The appellant sought further enhancement, citing the respondent, Ghanshyam’s substantial salary as an Assistant Manager at BSNL.
The Supreme Court, after considering the submissions and the respondent’s financial capabilities, observed, “The maintenance awarded should not only address the basic needs but should also be commensurate with the living standards and financial capacity of the respondent.” The Court took note of the respondent’s last drawn salary and his pension post-retirement, emphasizing the need for maintenance to be equitable and fair.
The judgement reiterates the principles enshrined in Section 18 of the Hindu Adoption and Maintenance Act, 1956, which stipulates the provision of maintenance by husbands to their wives. It highlights the importance of considering the payor’s financial capacity and the recipient’s standard of living while determining maintenance.
The Supreme Court allowed the appeal, enhancing the maintenance from Rs. 10,000 to Rs. 20,000 per month with immediate effect. The Court also directed the calculation and payment of arrears, ensuring that the total payment (regular maintenance and arrears) does not exceed 50% of the respondent’s pension from BSNL.
Date of Decision: January 29, 2024
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