Wife asking for shelter money in DV case while taking maintenance in Section 24 of Divorce case. This case is 10 years old, the wife was awarded 6k maintenance + 4K for shelter in DV case. Later she filed a section 24 application where she is taking 16k per month since Oct 2016. Now she has filed an application in DV court to take the arrears of 4K per month awarded for shelter since 2014. 1. On record, the wife is living with parents all this while Section 24 maintenance is awarded on the basis on 1/3 of my salary in session court in 2016. In 2014 she was offered money in DV case including but she refused on record and filed an application in High court in 2016 for staying in my parents house, which was dismissed in Mar 2024.
Now that the application is dismissed in high court, she thought about claiming shelter 4 k amount. Is she really entitled to claim 4K per month in DV case for the last 10 years while taking 16k maintenance in section 24? If not, please guide and share judgements /authority in such cases.
Asked from: Uttar Pradesh
In the present circumstances, it appears that your wife may not be entitled to receive four thousand rupees as shelter money in the Domestic Violence case. Additionally, the amount of sixteen thousand rupees as ad-interim maintenance under Section 24 seems excessively high, suggesting that she may be receiving more than her actual requirement..
Your wife is obligated to demonstrate her genuine need for maintenance to sustain herself and prevent destitution. Enjoying a certain lifestyle while living apart from the husband does not necessarily entitle her to maintain such a standard without valid justification of need.
You should request the court to adjust the amount of maintenance being paid to the wife across different proceedings. Specifically, the interim maintenance amount of sixteen thousand per month under Section 24 of the Hindu Marriage Act is deemed excessively high and requires adjustment.
In your case, the adjustment of maintenance is necessary to prevent the respondent/husband from being burdened with complying with successive maintenance orders issued under different enactments.
Wife cannot get more alimony than one
The Supreme Court, in the case of Rajnesh v. Neha (2020 SCC OnLine SC 903), has provided guidelines concerning the maintenance of a wife, including the adjustment of maintenance amounts made in various proceedings. These guidelines aim to ensure fairness and clarity in the determination and adjustment of maintenance obligations. These guidelines address several key aspects including:
- Overlapping Jurisdiction: Clarification on how to address overlapping jurisdiction under various enactments concerning the payment of maintenance.
- Payment of Interim Maintenance: Guidance on the payment of interim maintenance to the wife during the pendency of proceedings.
- Criteria for Determining Quantum of Maintenance: Criteria and factors to be considered in determining the amount of maintenance payable to the wife.
- Commencement Date of Maintenance: Clarification on the commencement date from which maintenance is to be awarded, specifying the retrospective or prospective nature of such orders.
- Enforcement of Maintenance Orders: Instructions on the enforcement of maintenance orders to ensure compliance with the court’s directives.
The Court observed that although a party can approach the Court under one or more enactments, the relief sought under each Act is distinct and independent. However, simultaneous operation of these Acts can result in multiple proceedings and conflicting orders, which needs to be streamlined. This is to ensure that the respondent/husband is not burdened with complying with successive maintenance orders issued under different enactments.
It is well settled that a wife can make a claim for maintenance under different statutes. For instance, there is no bar to seek maintenance both under the D.V. Act and Section 125 of the Cr.P.C., or under H.M.A. It would, however, be inequitable to direct the husband to pay maintenance under each of the proceedings, independent of the relief granted in a previous proceeding.
Rajnesh v. Neha (2020 SCC OnLine SC 903)
The supreme court directed that both parties involved in maintenance proceedings, including those pending before the relevant Family Court, District Court, or Magistrate’s Court nationwide, are required to file an Affidavit of Disclosure of Assets and Liabilities.
You should pray from the court that the opposite party produce assets and liability affidavit and disclose her expenses and source of income. You should also adduce that affidavit and disclose your assets, salary and liability.
The maintenance amount awarded should be reasonable and realistic, avoiding extremes. It should neither be so extravagant that it becomes oppressive and unbearable for the husband, nor so meagre that it pushes the wife into penury. The adequacy of the amount should ensure that the wife can maintain herself with reasonable comfort
Rajnesh v. Neha (2020 SCC OnLine SC 903)
After receiving an affidavit from both parties, the court shall adjust the amount of maintenance. The purpose of granting interim or permanent alimony is to prevent the dependent spouse from falling into destitution or vagrancy due to the breakdown of the marriage, and not to punish the other spouse.
Relevant factors for determination of amount of maintenance
In determining the quantum of maintenance payable to an applicant, the court considers various factors including:
- The status of the parties involved.
- The reasonable needs of the wife and dependent children.
- The education and professional qualifications of the wife..
- Whether the wife has any independent source of income.
- Employment status prior to and during the marriage.
- The financial capacity of the husband, including income, reasonable expenses, and liabilities.
- The standard of living of the husband, considering inflation and cost of living.
- The husband’s obligation to provide for the family.
- Child’s expenses including food, clothing, residence, medical care, and education.
- Additional expenses of the husband.
You should request the court to adjust the amount of maintenance after considering all payments made to your wife under different laws/proceedings. The court will determine the maintenance amount by taking into account the payments made under Section 24 of the Hindu Marriage Act and under the Domestic Violence Act. This will ensure a fair assessment of the overall maintenance obligations. In this situate wife asking for shelter money is not tenable because it’ll become excessive and beyond the financial capacity of husband. For more legal help please visit Kanoon India.
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