Hello sir!
Rajnesh vs Neha on 4 November, 2020
In this case the husband has to pay interim maintenance. It is granted to the applicant while the proceeding is still going on in the court and it continues till the court has reached its final verdict. The concept of interim maintenance was formulated so the applicant does not suffer until the court’s verdict is reached. In this particular case, the court quoted that “While there is a tendency on the part of the wife to exaggerate her needs, there is a corresponding tendency by the husband to conceal his actual income.” So to solve this issue, the Supreme Court directed that an affidavit of all the assets and liability owned by the parties should be made available by the parties to courts so that the courts do not award unfair interim maintenance. Importantly, if either of the parties tries to lie in the affidavit they would have to serve consequences for their action under Sections 195 and 340 CrPC.
The Supreme court made it crystal clear that in case of interim maintenance, it should be awarded from the date of application.
And also one must interpret the word of the precedent as it is. In the quoted passage it is written "....as far as possible....within 60 days..." which means that the court would try to it's best extent to dispose off the case within 60 days but it is not mandatory.
Kindly refer to the below mentioned links:-
https://www.lawyersclubindia.com/judiciary/rajnesh-v-neha-2020-guidelines-for-matrimonial-allowance-4879.asp
https://www.lawyersclubindia.com/judiciary/rajnesh-v-neha-2020-maintenance-in-matrimonial-cases-4875.asp
