The Supreme Court Wednesday laid down guidelines for interim compensation and quantum of maintenance in matrimonial cases to ensure uniformity and consistency in practice adopted by different courts.
A bench of Justices Indu Malhotra and R Subhash Reddy said directions are required to be passed to overcome the issue of overlapping jurisdiction and avoid conflicting orders.
The apex court issued guidelines on aspects of --Issue of overlapping jurisdiction, payment of interim maintenance, criteria for determining the quantum of maintenance, date from which maintenance is to be awarded and Enforcement / Execution of orders of maintenance.
On overlapping jurisdiction, the top court directed that where successive claims for maintenance are made by a party under different statutes, the court would consider an adjustment or set off of the amount awarded in the previous proceeding/s while determining whether any further amount is to be awarded in the subsequent proceeding.
“It is made mandatory for the applicant to disclose the previous proceeding and the orders passed therein, in the subsequent proceeding. If the order passed in the previous proceeding/s requires any modification or variation, it would be required to be done in the same proceeding,” the bench said.
The bench directed that to avoid conflicting orders in a subsequent maintenance proceeding, the applicant shall disclose the previous maintenance proceeding, and the orders passed therein.