The court also found that the grounds for the granting of provisional maintenance were pending in the courts for years, despite the fact that the law stipulated a 60-day window, from the date of issuance of the court’s notice to the husband. on the request of the separated wife, for the grant of maintenance. It considered overlapping laws on the award of maintenance and established guidelines for all lower courts and higher courts.
This is the first time that the highest court has considered the sacrifices career women make in caring for children and ruled that this would be an additional component to enhance the granting of interim compensation to her so that she could lead an almost similar life. what she was used to when all was well in the conjugal home. Courts normally take into account the husband’s income and assets when quantifying provisional alimony for a separated wife.
Without proper enforcement, any law becomes a mere piece of paper. The instructions of the Supreme Court are pertinent in this matter. Time-bound temporary maintenance is a lifesaver for many. Those who ignore the law and treat the matter indifferently should make amends.
A bank of Indu Malhotra Magistrates and RS Reddy said: “In a long-term marriage, where the parties have endured the relationship for several years, it would be a relevant factor to consider. Upon termination of the relationship, if the wife is educated and professionally qualified, but had to Give up her job opportunities to attend to the needs of the family, being the main caregiver of the younger children and the older members of the family, this factor would be required to be given due importance.
“This is of particular relevance in contemporary society, given the highly competitive industry standards, the separated wife would have to undergo retraining to acquire business skills and retrain to secure a job in the paid workforce to rehabilitate. With advancing age, it would be difficult for a dependent wife to get an easy entry into the workforce after a break of several years. ”
The SC said that the family court must also take into account the educational expenses of the children who are left with the separated spouse in the calculation of alimony, since “the educational expenses of the children should normally be borne by the father”. If the wife worked and earned enough, the children’s education expenses, including fees for training classes and extracurricular activities, can be shared proportionally between the parties, he said.
Writing the 56 page trial, Justice Malhotra He said: “The serious disability or ill health of a spouse, child / children of the married couple / dependent relative who require constant care and recurring expenses, would also be a relevant consideration when quantifying support.”
Finding that neither the Hindu Marriage Act nor the Protection of Women from Domestic Violence Act specified the date from which provisional alimony would be awarded, leading to the exercise of discretion by the courts of family, the CV said that provisional alimony should be awarded from the day the separated woman filed an application in court.
The SC also said that non-payment of alimony could lead to the arrest and detention of the delinquent husband and could even lead to the confiscation of his assets and their auction to pay the fees to the separated wife.
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