The Supreme Court has tightened the rules regarding grant of maintenance in a matrimonial case. Both spouses will now have to disclose their income and assets from the date that the maintenance application is filed, and arrest or jail term could await a person who fails to pay maintenance. A bench of Justices Indu Malhotra and Subash Reddy on Wednesday issued detailed guidelines on the calculation of interim maintenance and ensuring that maintenance is paid to the spouse.

Earlier, the law allowed the judge of the family courts to make a decision regarding when to calculate assets and income. While the rules call for both parties to disclose income and assets, in many cases the spouses refused to disclose assets and income or filed the affidavit after disposing of some assets.

Often, this meant that the courts took an "estimate" of the income or calculate the amount from any arbitrary date.
Now, with the Supreme Court guidelines, the process will become more streamlined, to protect the dependant spouse.The bench has also directed that the alimony order will now be "enforced as a money decree.." This would also bring relief to the spouse who has made the alimony claim, as it would cut down on the delay in getting the payment.

Till now, maintenance settlements could be in any form, including cash, property, or any other asset. This meant that the dependant spouse, usually the wife, would not have to run around to sell a property whose value may have fallen lower, and would get cash in hand.

The Supreme Court has tightened the rules regarding grant of maintenance in a matrimonial case. Both spouses will now have to disclose their income and assets from the date that the maintenance application is filed, and arrest or jail term could await a person who fails to pay maintenance. A bench of Justices Indu Malhotra and Subash Reddy on Wednesday issued detailed guidelines on the calculation of interim maintenance and ensuring that maintenance is paid to the spouse.

Earlier, the law allowed the judge of the family courts to make a decision regarding when to calculate assets and income. While the rules call for both parties to disclose income and assets, in many cases the spouses refused to disclose assets and income or filed the affidavit after disposing of some assets.

Often, this meant that the courts took an "estimate" of the income or calculate the amount from any arbitrary date.
Now, with the Supreme Court guidelines, the process will become more streamlined, to protect the dependant spouse.The bench has also directed that the alimony order will now be "enforced as a money decree.." This would also bring relief to the spouse who has made the alimony claim, as it would cut down on the delay in getting the payment.

Till now, maintenance settlements could be in any form, including cash, property, or any other asset. This meant that the dependant spouse, usually the wife, would not have to run around to sell a property whose value may have fallen lower, and would get cash in hand.