The Supreme Court of India, in Rajnesh v. Neha (2021) 2 SCC 324, issued comprehensive guidelines to streamline maintenance proceedings across various statutes, ensuring timely disposal and preventing conflicting orders due to overlapping jurisdictions
The Supreme Court of India, in Rajnesh v. Neha (2021) 2 SCC 324 , issued comprehensive guidelines to streamline maintenance proceedings across various statutes, ensuring timely disposal and preventing conflicting orders due to overlapping jurisdictions . Key Overarching Principles Social Justice Objective: Maintenance is a measure of social justice intended to prevent wives and children from destitution and vagrancy, as envisioned under Articles 15(3) and 39 of the Constitution . Overlapping Statutes: A wife can simultaneously claim maintenance under different laws, such as Section 125 CrPC, the Domestic Violence (DV) Act, 2005, and the Hindu Marriage Act (HMA), 1955 . No Straitjacket Formula: Quantum determination is based on the financial status of the parties and the standard of living enjoyed in the matrimonial home; it must be realistic—neither oppressive for the husband nor meagre for the wife . Mandatory Guidelines (issued under Article 142) 1. Issue of Overlapping Juri...