SC refuses to entertain plea relating to maintenance, says dealt with it in earlier judgement
Oct 14, 2022
New Delhi [India], October 14 : The Supreme Court on Friday refused to entertain public interest litigation relating to the maintenance amount which can be granted under various provisions of law.
The Supreme Court said, "The issues have been dealt with earlier by the top court and told the petitioner about the judgement passed by Justice Indu Malhotra."
A bench of Chief Justice of India UU Lalit and Justice Hemant Gupta declined to entertain the plea filed by one petitioner and said that the issues raised here have already been answered in another matter earlier.
"Consequently, we see no reason to entertain the petition. The petition is dismissed," the court said.
The petitioner has apprised multiprong provisions under three separate laws of the Code of Criminal Procedure, Domestic Violence Act and Hindu Marriage Act for a woman to seek maintenance and said that it caused inconvenience.
In a judgement passed by the Supreme Court in 2020, the top court dealt with the provision of maintenance after divorce.
Then Justice Indu Malhotra's judgment issued various guidelines on maintenance for women and children to overcome the issue of overlapping jurisdiction, and avoid conflicting orders being passed in different proceedings
The top court had made it mandatory for the applicant to disclose the previous proceeding and the orders passed therein, in the subsequent proceeding.
