<p>The guidelines issued by the Supreme Court on payment of alimony to divorced women by their former husbands will ensure better justice for them. The norms for payment of maintenance to estranged wives are important because cases of separation are increasing and most women who claim maintenance are in distress and need support for themselves and their children. The norms have varied, and because of the absence of clear and standard rules, many women have suffered. Many men have tried to use loopholes to reduce the payment or to delay it. The court has issued detailed guidelines that will help to close the escape routes for many men. The rules have been tightened and implementation sought to be made more effective. </p>.<p>The court has laid down a number of criteria for calculating the quantum of maintenance. These include detailed affidavits disclosing all sources of income at the time of application for maintenance. The maintenance has to be paid from the date of filing of the petition, and this will discourage men from prolonging the cases through various stratagems. The ruling came in the case of a woman whose plea for maintenance dragged through various courts for seven years. Since the quantum of maintenance is to be based on the financial position and assets of the partners at the time of the petition, husbands will not be able to dispose of some properties during the pendency of the case to pay less to the partner, as is done by some men. The basic needs of the wife, expenses of children, and inflation should be taken into consideration in calculating the alimony amount. If the woman had given up her job after marriage to look after the children, the loss of that income will also be a factor. </p>.<p>These are welcome norms to ensure that the quantum of alimony is computed fairly, and cases would not be unnecessarily delayed. Even when norms are in place, their implementation has been a problem in many cases. The court has ordered that the decree of maintenance may be implemented like that of a civil court with the help of provisions used to enforce a money decree that enables attachment of property and civil detention. These norms will hopefully ensure that many women who were dependent on their husbands would not be deprived of their rights after separation. The court has spelt it out clearly: “Maintenance laws have been enacted as a measure of social justice to provide recourse to dependent wives and children for their financial support so as to prevent them from falling into destitution and vagrancy.” They should therefore be implemented effectively.</p>
<p>The guidelines issued by the Supreme Court on payment of alimony to divorced women by their former husbands will ensure better justice for them. The norms for payment of maintenance to estranged wives are important because cases of separation are increasing and most women who claim maintenance are in distress and need support for themselves and their children. The norms have varied, and because of the absence of clear and standard rules, many women have suffered. Many men have tried to use loopholes to reduce the payment or to delay it. The court has issued detailed guidelines that will help to close the escape routes for many men. The rules have been tightened and implementation sought to be made more effective. </p>.<p>The court has laid down a number of criteria for calculating the quantum of maintenance. These include detailed affidavits disclosing all sources of income at the time of application for maintenance. The maintenance has to be paid from the date of filing of the petition, and this will discourage men from prolonging the cases through various stratagems. The ruling came in the case of a woman whose plea for maintenance dragged through various courts for seven years. Since the quantum of maintenance is to be based on the financial position and assets of the partners at the time of the petition, husbands will not be able to dispose of some properties during the pendency of the case to pay less to the partner, as is done by some men. The basic needs of the wife, expenses of children, and inflation should be taken into consideration in calculating the alimony amount. If the woman had given up her job after marriage to look after the children, the loss of that income will also be a factor. </p>.<p>These are welcome norms to ensure that the quantum of alimony is computed fairly, and cases would not be unnecessarily delayed. Even when norms are in place, their implementation has been a problem in many cases. The court has ordered that the decree of maintenance may be implemented like that of a civil court with the help of provisions used to enforce a money decree that enables attachment of property and civil detention. These norms will hopefully ensure that many women who were dependent on their husbands would not be deprived of their rights after separation. The court has spelt it out clearly: “Maintenance laws have been enacted as a measure of social justice to provide recourse to dependent wives and children for their financial support so as to prevent them from falling into destitution and vagrancy.” They should therefore be implemented effectively.</p>