(Video) Rajya Sabha TV (RSTV) The Big Picture: Supreme Court guidelines on Matrimonial Disputes

(Video) Rajya Sabha TV (RSTV) The Big Picture: Supreme Court guidelines on Matrimonial Disputes

Topic: Supreme Court guidelines on Matrimonial Disputes

Guest:

  • Attin Shankar Rastogi, (Advocate, Supreme Court)
  • Prof. V. Rajyalaxmi, (Sociologist, Janki Devi Memorial College, DU)
  • Rekha Agarwal, (Advocate, Supreme Court)

Topic Description:

In a significant judgment delivered on Wednesday, the Supreme Court laid down guidelines for determining quantum of interim maintenance to be awarded during pendency of matrimonial matters from the day, it had been filed. The bench of Justices Indu Malhotra and R. Subhash Reddy also made it mandatory for a spouse to reveal at any maintenance proceedings whether any other court had already granted the spouse maintenance under some other law. It also made it mandatory for both spouses to state their financial positions at any maintenance proceedings and update the affidavit whenever significant changes occur in their circumstances during the course of the hearings. Estranged wives often seek maintenance simultaneously under various laws such as the Hindu Marriage Act, Hindu Adoption and Maintenance Act, Domestic Violence Act, Special Marriages Act and Section 125 of the CrPC while keeping the various courts in the dark about this, the bench noted. The bench also stressed the need for both spouses to file an “affidavit of disclosure of assets and liabilities” during maintenance proceedings at any court. The existing statutes do not mandate such disclosure. The ruling came on a maintenance dispute between a Mumbai-based couple.

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Courtesy: RSTV