HOW MAINTENANCE PETITION CAN BE REJECTED? 

1.  These questions are frequently being asked by the person against whom a case of maintenance has been filed. The provisions of maintenance are prescribed under section 125 to 128 of the Criminal procedure code 1973, under the Hindu marriage act 1955, under the Hindu Adoption and Maintenance act 1956 and Under the Protection of women from Domestic Violence Act 2005 in short “D.V” Act. The object of all these provision is to compel a man to perform the moral obligations, which he owes to the society in respect of his wife, children and parents. It has been noticed that the true purpose of the maintenance act has been taken away as has been observed in many cases. It has also been observed in many cases that estranged wife have filed a case for maintenance u/s 125 Cr.P.C or under Domestic Violence Act only to put pressure on the opposite party so that matter could get settle in the way as she wants, as such the true and real purpose of the Act became meaningless. In the case of Rahul (Name Changed) Vs. Reena (Name Changed) case no.26/2016 decided on 15.01.2019,ADJ Saket District Court N.Delhi, The court while rejecting the maintenance petition filed by the wife who is well qualified has also observed that Court should not be allowed to be used to extort money, junks woman’s maintenance plea and imposed a cost of Rs. one lakh on the wife, saying the proceeding u/s 125 Cr.P.C has been filed only to blackmail the Husband.

In another case titled as Tanu (Name Changed) Vs. Ramesh (Name Changed) CC No.316/3/2007 Dated 27.05.2015 MM , Saket District Court” the Court came heavily and imposed cost of Rs. one lakh for filing false Domestic Violence case against the husband and in-laws. The court in its judgment has observed that Domestic Violence law has been misused.

The entitlement of maintenance is depend on certain factors which are required to be fulfilled to grant the maintenance i.e (a) the relationship of husband and wife should be proved, (b) she must be unable to maintain herself, (c) the husband must be having sufficient means and (d) it should be proved that the husband has neglected or has refused to maintain his wife without any valid reason. The means and capacity of a person against whom the award has to be made should be taken into consideration for determining the quantum of maintenance. In fact, in case of the husband, it is not only the actual earning, but also his potential of earning capacity, must be considered. There is a presumption that every able-bodied person has a capacity to earn and maintain his wife. The income of the husband is a significant factor to be considered by the court in fixing the quantum of maintenance. It is disposable income and not the gross income, which is to be considered. It was seen in many cases that the parties who were indulged in maintenance litigation were giving false statements with regard to their income and assets. Finding such tendency in so many cases, the High court has taken it very seriously and  in the case of KUSUM SHARMA VS MAHINDER KUMAR SHARMA FAO no.369/1996 the Hon’ble Delhi High Court has laid down certain guidelines to bring transparency with regard to income and expenditure of the parties which to be implemented in every cases of maintenance. Thereafter in the case of Rahul (Name Changed) Vs. Reena (Name Changed) & Anr (Crl) Appeal no.730 of 2020 Supreme Court of India (Affidavit of Income, Assets and Liabilities Judgment) the Hon'ble Supreme Court has also issued certain guidelines to bring transparency with regard to income and expenditure of the parties which to be implemented in the cases related to the maintenance in all the courts throughout the India with immediate effect. Now as per the above judgments, it is mandatory for every person to annex an affidavit of income, assets and liabilities in the cases of maintenance to determine the actual facts of the case.

In the case of maintenance there are two important stages, one is interim and second is final stage. The interim maintenance is granted on the basis of prima facie facts which have been placed by the parties and the final judgment is passed after concluding the evidences of the parties. So to reject the case of maintenance or to deny interim maintenance, it has to be proved beyond the reasonable doubt that 1. Wife is well educated 2. She is capable to earn or she is earning or previously she was employed and now left the employment without any valid reason. 3. She has assets in her name by which she getting sufficient income. 4. She is living separately from the husband without any valid reason or she has deserted the husband without any reason and living separately as per her own wish. 5.There is no cruelty, harassment or domestic violence of any type on the petitioner wife. On above grounds petition of maintenance could be rejected and interim maintenance could be denied.