Case 29 of 30 in Law Easy's Supreme Court criminal procedure series. Rajnesh v. Neha, Supreme Court of India, decided November 2020.
FACTS
Maintenance cases often suffered long delays because incomes and assets were concealed, and from confusion where wives filed claims under several laws. The Supreme Court issued guidelines for all maintenance proceedings in the country.
WHAT THE COURT HELD
An applicant must disclose earlier proceedings and orders under other laws, and a later court must take into account and adjust maintenance already awarded. Both parties must file an affidavit of disclosure of assets and liabilities in the prescribed format. The Court laid down criteria for fixing the amount, such as the status of the parties, the reasonable needs of the wife and children, the income and property of both sides and the husband's obligations. Maintenance should be awarded from the date of the application, and orders can be enforced like money decrees.
CURRENT LAW
Section 144 B.N.S.S. re-enacts the old maintenance section, so the guidelines remain relevant.
WATCH MORE
All 30 cases in order (playlist):
https://www.youtube.com/playlist?list=PLYOVyhaD5Gdw
Complete lecture with case-wise chapters (1 hr 52 min):
https://youtu.be/xrBwaWooHmg
Previous case (Case 28): State of Haryana v Bhajan Lal (1990) -
https://youtu.be/ArPrCwEnWzg
Next case (Case 30): Anuradha Bhasin v Union of India (2020) -
https://youtu.be/Ba1R1f9he1A
Notes and resources:
https://www.thelaweasy.com
Useful for LL.B., CLAT PG, UGC NET Law and Judiciary exam preparation. This video is for education only and is not legal advice.
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