Maintenance can be claimed under several laws at once: the Hindu Marriage Act, the Hindu Adoptions and Maintenance Act, the Domestic Violence Act and the criminal-procedure provision now found in Section 144 BNSS. In Rajnesh v. Neha, the Supreme Court issued guidelines to bring consistency to these proceedings.
Key directions
- Both parties must file an Affidavit of Disclosure of Assets and Liabilities in the prescribed format.
- Where maintenance has been awarded in one proceeding, it must be taken into account in later proceedings to avoid overlapping awards.
- Maintenance is to be awarded from the date of the application.
- Courts must consider factors such as status of the parties, reasonable needs, income and liabilities in fixing the amount.
The affidavit requirement has made full financial disclosure a standard step in maintenance cases, so parties should prepare accurate details of income, assets and expenses early.