Computation of maintenance to estranged wife to include child care

According to the Supreme Court of India, if an estranged wife gave up her job to take care of children and the elderly in the family, then this will have to be taken into consideration by the family court while quantifying monthly interim maintenance payable to her by the husband.

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The court also found that pleas for grant of interim maintenance were pending in courts for years even though the law stipulated a 60-day window, from the date of issuance of notice by the court to a husband on the estranged wife’s application, for grant of maintenance.

This is the first time that the highest court has considered the sacrifices made by career women in taking care of children.

The SC ruled that this would be an added component for enhancing the grant of interim compensation to her, so that she could lead a life almost akin to what she was used to when all was well in the matrimonial home.

Normally, the courts take into account the husband’s income and assets while quantifying interim maintenance to an estranged wife.

As of now, Neither the Hindu Marriage Act nor the Protection of Women from Domestic Violence Act specified the date from which interim maintenance was to be granted, leading to exercise of discretion by family courts.