How and on what basis should the quantum of maintenance be fixed or altered after divorce or separation ?

Question

Is it justified to leave the quantum of maintenance to the discretion of the judge ?

Should there be a ceiling on the amount of maintenance that can be awarded ?

If the purpose of maintenance is to prevant vagrancy and destitution is it justified to give maintenance based on status and life style ?

Should the amount of maintenance be sufficient for survival only or for continueing the life style to which the spouse has become accostomed to during the marriage ?

Should a woman be also be held responsible for paying maintenace to her parents under Sec. 125 Cr. Pc ?

Should a woman be required to file an affidavit of her assets and income before she can claim maintenance ?

If a woman is financially better off then her husband, should the husband be permitted to claim maintenance from his wife in case of need ?

What exactly should be the criteria to consider while fixing the quantum of maintenance ?

Should the law on maintenace be secular or based on personal laws ?

Answer 1

You have asked for the whole chapter relating to maintenance granted to a spouse or parents or children according to various provisions of laws prevalent in India. It won't be possible for me to go in great details regarding these provisions but what I can tell here is a brief essence of all these. As far the amount of maintenance is concerned not doubt its the discretion of the court to decide but this discretion has to be applied reasonably & judiciously on the basis of the evidence on record about the income of both the spouses, means of earning of both the spouses, source of income other then salary or business income of both the spouses, any other source of income of both the spouses & ability of earning of both. Now I said both the spouses in all these case means that if a wife has a source of income she may not be granted any maintenance at all or may be only granted a very substantial amount to cover her expenses which where not possible from her own income. Here let me point out that enactments such as the Hindu Marriage Act, 1955 even allows a maintenance for a husband if he doesn't have any source of income & is unable to maintain himself of his own & in such cases the wife can be asked to provide him maintenance till the time of any proceeding in the said Act or on permanent basis after any decree is passed in the said Act, provided the wife has means & source of income to do so. As far maintenance under section125 of the Criminal Procedure Code is concerned not only unmarried daughter but even a married daughter can be asked to provide maintenance for her destitute parents & only few months back such an order was passed by the Supreme court of India in a case where the married daughters were asked to provide for maintenance to their old destitute parents. In any proceeding concerning maintenance from any one, but all have to submit full details about their source of income, means of earning, & ability of earning in the form of affidavits & with which they attach the relevant pay slip or income tax return & even bank account details, to substantiate their claim or defense as the case may be. Law on maintenance should no doubt be secular & why only maintenance I would say the whole civil law concerning any Indian should be one but the various government in these 60 years have failed miserably in implementing the Common Civil Code as provided in the Constitution of India. Lastly the amount of maintenance granted to any one under any provision of law is never fixed to such amount which allows extravagant expenditure of the claimant but only enough to provide her or him a reasonable means to maintain her or him in a decent manner & prevent her or his vagrancy or destitute condition.

Answer 2

You're on your soapbox, huh? Too many questions. Nobody is wanting to write an essay here.