How wife's maintenance is calculated by the family court?

The calculation of wife's maintenance by the family court involves a detailed assessment of various legal, financial, and social factors to ensure fairness and justice for both parties. Indian courts aim to balance the financial needs of the wife with the ability of the husband to pay maintenance, keeping in mind that maintenance is meant to secure a basic standard of living for the wife.

In this detailed guide, we will analyze the legal provisions related to maintenance, factors that courts consider in determining the amount, key case laws, and how maintenance is calculated in both interim and permanent maintenance cases.

1. Legal Provisions Governing Maintenance

Maintenance for a wife can be claimed under different laws depending on the nature of marriage and religion, including:

1. Section 144 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS): Applicable to all women regardless of religion, ensuring basic financial support for wives who are unable to maintain themselves.

2. Hindu Marriage Act, 1955 (Section 24 and Section 25): Provides for interim and permanent maintenance to the wife in matrimonial disputes.

3. Hindu Adoption and Maintenance Act, 1956 (Section 18): Recognizes the wife's right to maintenance during the subsistence of marriage.

4. Muslim Personal Law (Shariat Act, 1937): Muslim wives can claim maintenance (Nafaqa) under personal law, and the Protection of Rights on Divorce Act, 1986 ensures maintenance even post-divorce during the Iddat period.

5. Indian Divorce Act, 1869 (for Christians): Sections 36 and 37 govern the maintenance of a Christian wife.

6. Parsi Marriage and Divorce Act, 1936: Sections 39 and 40 allow Parsi wives to claim maintenance.

2. Types of Maintenance

Maintenance can be broadly classified into two types:

1. Interim Maintenance:

- Awarded during the pendency of proceedings to enable the wife to meet basic needs and cover legal expenses.

- Governed under Section 24 of the Hindu Marriage Act and Section 144 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS).

2. Permanent Maintenance:

- A final, lump sum or monthly/periodic maintenance amount awarded after the case concludes.

- Under Section 25 of the Hindu Marriage Act or other personal laws.

3. Key Factors Considered by Family Court While Calculating Maintenance

(a) Financial Status of the Husband

- The husband's net monthly/annual income (salary, business profits, rental income, etc.).

- His liabilities, family responsibilities, and other dependents.

- Evidence like salary slips, Income Tax Returns (ITR), bank statements, and property details help determine the paying capacity.

(b) Wife’s Financial Status and Income

- If the wife is earning or capable of earning, this affects the maintenance amount.

- A working wife may still be entitled to maintenance if her income is not sufficient to meet her standard of living.

- If the wife conceals her income, the husband can present evidence before the court.

Case Reference: In Mamta Jaiswal v. Rajesh Jaiswal (2000), the Madhya Pradesh High Court held that a working wife capable of supporting herself cannot claim high maintenance from the husband.

(c) Standard of Living of the Wife

The court considers the standard of living the wife enjoyed during the marriage. She is entitled to live a dignified life similar to what she experienced in the matrimonial home.

- Maintenance cannot force the wife to live in a drastically inferior condition compared to her marital life.

(d) Dependents of the Husband and Liabilities

If the husband has dependents (like children, elderly parents, or second wife and her children in lawful marriages), this liability is taken into account while calculating maintenance.

(e) Reasonable Needs of the Wife

The court factors in the wife's basic expenses, including:

1. Food, clothing, and shelter.

2. Medical and educational expenses (if required).

3. Legal expenses incurred during proceedings.

(f) Age and Health of Both Parties

- If the wife is elderly or suffering from medical issues, a higher amount may be awarded.

- If the husband has health issues, the court considers this before setting the amount.

(g) Duration of Marriage

- In cases of long marriages, the court may award higher maintenance to the wife to ensure lifelong support.

- In short-term marriages, the maintenance amount may be relatively lower, especially if the wife is capable of earning.

(h) Wife’s Reason for Living Separately

- A wife must prove that she has valid grounds for living separately (e.g., cruelty, desertion, or neglect by the husband).

- If the wife leaves the matrimonial home without reasonable cause, courts may deny or reduce maintenance under Section 144 (4) BNSS.

4. How Family Court Calculates Maintenance: General Formula

Although there is no fixed formula for calculating maintenance, courts follow certain general principles:

1. Maintenance as a Percentage of Husband's Income:

- The general benchmark often ranges between 25% to 33% of the husband's net income after deducting necessary expenses.

2. Net Income Assessment:

- Income is calculated after subtracting taxes, loans, and family expenses like dependent parents' needs or child education.

Example Calculation:

If a husband earns Rs. 1,00,000 per month:

- After deducting taxes and other responsibilities, his net disposable income is ₹80,000.

- Maintenance for the wife might be around Rs. 20,000 to Rs. 27,000 per month.

Case Reference: In Rajnesh v. Neha (2020), the Supreme Court ruled that courts must seek affidavits of income, expenses, and assets from both husband and wife for accurate maintenance calculation.

5. Procedure for Determining Maintenance Amount

1. Filing of Petition: The wife files an application for maintenance.

2. Evidence Collection: Both parties must provide affidavits of their incomes, expenses, and liabilities.

3. Assessment of Income: The court evaluates salary slips, ITRs, property documents, etc., to determine the husband’s paying capacity.

4. Hearing Both Parties: Both sides argue their case based on their evidence.

5. Issuance of Order: The court calculates the maintenance amount after assessing the financial needs of the wife and the husband’s capability to pay.

6. Important Supreme Court Guidelines on Maintenance

Rajnesh v. Neha (2020):

In this landmark case, the Supreme Court issued standardized guidelines:

1. Parties must file Affidavits of Disclosure of Assets and Liabilities.

2. Maintenance must balance the needs of the wife and the income capacity of the husband.

3. Courts must ensure the maintenance amount is realistic, neither excessive nor insufficient.

7. FAQs

Q1: Can the maintenance amount be increased later?

Yes, under Section 146 BNSS, if there is a change in circumstances like increased costs, the wife can apply for an enhancement of maintenance.

Q2: Is there a fixed percentage of income used to calculate maintenance?

No fixed percentage exists, but it often ranges between 25% to 33% of the husband’s net income.

Q3: Does a working wife get maintenance?

Yes, if the wife's income is insufficient to maintain herself at the standard of living she enjoyed in marriage.

Q4: Does the duration of marriage affect maintenance?

Yes, courts consider the duration of marriage while awarding maintenance. Longer marriages often attract higher maintenance.

Q5: Is interim maintenance different from permanent maintenance?

Yes, interim maintenance is granted temporarily during proceedings, whereas permanent maintenance is awarded after case conclusion.

Conclusion

The family court determines a wife’s maintenance based on several factors, including the husband’s income, wife’s needs, dependents, and the standard of living during the marriage. Courts aim to strike a fair balance between the financial capabilities of the husband and the legitimate needs of the wife to ensure justice and dignity for both parties.

Disclaimer: This information is intended for general guidance only and does not constitute legal advice. Please consult with a qualified lawyer for personalized advice specific to your situation.

Adcocate J.S. Rohilla (Civil & Criminal Lawyer in Indore)

Contact: 88271 22304

www.jsrohilla.in