Constitutional Law

In the last of 2020 in matter Rajneesh v/s NEHA SC/0833/2020, The judgment delivered by the Hon’ble supreme court regarding interim maintenance under the various provision of different laws relating to family law. In Rajneesh v/s NEHA SC/0833/2020, the supreme court formulated the guidelines relating to various issues faced by the family or magisterial court while ordering interim maintenance. However, guidelines issued by the supreme court is not so exhaustive in selective circumstances of the case where it appears before the court to dispense the order is must necessary. In this case the supreme court defined the scope or functions of provisions relating to maintenance. As well as summed up the dozens of previous case judgments to formulate guidelines. Generally while granting interim maintenance or final maintenance several issues are faced by the family or magisterial courts like Payment of interim maintenance, Issue of Overlapping Jurisdictions under different maintenance provision under a different statute, Criteria for determining the quantum of maintenance, Date from which Maintenance to be awarded and Enforcement of orders of maintenance. The various opinion of the high court made the functioning of provisions critical. Facts of the case…Criminal appeal filed  by the applicant husband Against the interim order of a magisterial court under section 125 crpc to pay interim maintenance to his wife and minor son. Courts across nation including High courts were clueless pertaining to uniformity and consistency while deciding the interim maintenance  Supreme court in this judgment stated it is necessary to frame guidelines to ensure that there are uniformity and consistency in deciding the interim maintenance within time to ensure the very intention of the legislation to assist the women. Supreme Court Guidelines…… A. issue of Overlapping Jurisdiction• petitioner can seek maintenance under various laws including interim maintenance under Hindu marriage act, CRPC, Hindu Adoption and Maintenance Act. and compensation under The Domestic Violence Act.• Parties not precluded from claiming maintenance under various laws at a time. But have to disclose the various prior maintenance petition pending before courts with the details of the application in which there is a need to enhance the amount of maintenance.• Section 37 of the Special Marriage Act provides for the grant of permanent alimony at the time of passing of the decree. Supreme courts holds that section 37 is also the same religion-neutral provision likewise section 125 crpc. Even registration of marriage of two different religion person not mandatory to seek maintenance under this provision. The intent of the legislation to sum up the uniform maintenance law irrespective of their religion. Not gender-neutral, only wife entitled to claim maintenance. • Section 24 of the Hindu marriage act provides for maintenance pendente lite, where the Court may direct the Respondent to pay the expenses of the proceeding, and pay such reasonable monthly amount, which is considered to be reasonable, having regard to the income of both the parties. This provision is not religion-neutral. Only applicable to Hindu spouse belonging Hindu, Sikh, Bodh, Jain only. This provision is gender-neutral. Under section 24 even husband can claim maintenance if he’s not sufficient to maintain himself. Section 24 confers the right upon the wife as well as upon the husband to claim interim maintenance. • Section 18 of HMA ‘’’a Hindu wife, whether married before or after the commencement of this Act, shall be entitled to be maintained by her husband during her lifetime. (2) A Hindu wife shall be entitled to live separately from her husband without forfeiting her claim to maintenance. This provision is not gender or religion-neutral. Also confers the right upon the wife to claim maintenance as similar to section 25 of Hindu marriage act. But the only difference between both the provision is that, to claim maintenance under section 18 of HAMA wife not need to live separate or to get a divorce decree. Wife can claim maintenance even sharing a household with her husband. On the other hand, the wife can claim maintenance only when she filed an application to get divorced under Hindu marriage act. • Section 19 of the HAMA provides that a widowed daughter-in-law may claim maintenance from her father-in-law if (i) she is unable to maintain herself out of her own earnings or other property; or, (ii) where she has no property of her own, is unable to obtain maintenance; (a) from the estate of her husband, or her father or mother, or (b) from her son or daughter, if any, or his or her estate. • The D.V. Act provides relief to an aggrieved woman who is subjected to “domestic violence.” The “aggrieved person” has been defined by Section 2(a) to mean any woman who is, or has been, in a domestic relationship with the Respondent, and alleges to have been subjected to any act of domestic violence. Section 2(f) defines” domestic relationship” to include a relationship between two persons who live, or have at any point of time lived together in a shared household, when they are related by consanguinity, marriage, or through a relationship in the nature of marriage, adoption, or are family members living together as a joint family. A three-judge bench of this Court in Satish Chander Ahuja v. Sneha Ahuja 2020. wherein a two judge bench held that the wife is entitled to claim a right of residence in a “shared household” Under Section 17 (1), which would only mean the house belonging to, or taken on rent by the husband, or the house which belongs to the joint family of which the husband is a member. At any time taken on rent does not include continuous shifting home. Wife can only claim right to residence irrespective of the ownership of the husband. But the important fact that the spouse lived together at such place for a much time. DV ACT is gender neutral act under which women can claim compensation for the domestic violence inflicted upon herself by the other women. However, not all live-in relationships would amount to a relationship in the