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Supreme Court of India · 2020

Rajnesh v. Neha & Anr.

Rajnesh v. Neha & Anr. is a 2020 decision of the Supreme Court awarding Rs 15,000 a month.

(2021) 2 SCC 324Supreme Court of India2020Section 125 CrPC

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Awarded

Rs 15,000a month, about Rs 19,452 in today's money

Award type

Monthly

Child maintenance

Rs 10,000a month

Marriage lasted

4 years

Children

1

Claimed under

Section 125 CrPC

Outcome

Granted

What the court was looking at

By the date of the petition the marriage was 4 years old. There was one child, so child maintenance sat alongside the wife's own claim. The ground pleaded was cruelty. The wife was described as homemaker.

Indu Malhotra and R. Subhash Reddy JJ, Criminal Appeal No. 730 of 2020

What the court held

The holdingThe court laid down comprehensive guidelines governing maintenance across every statute: what a court must weigh when fixing quantum, mandatory affidavits of assets and liabilities from both sides, maintenance running from the date of the application rather than the date of the order, and disclosure of overlapping claims so an earlier award can be set off against a later one.

Why it is still cited

This is the closest thing Indian law has to a maintenance rulebook, and every order made since 2020 is meant to work through its list. It is the single most useful judgement on this site for anyone trying to predict a figure.

How it gets misread

Read it with thisIn 2023 the Supreme Court noted that judges were still not following these guidelines and directed the judgement to be recirculated to every High Court and judicial academy. Compliance is uneven, so citing it in your own matter is worth doing explicitly.

The point of interest

Landmark 9-factor framework.

How it fits the framework

Since Rajnesh v. Neha in 2020, every maintenance order in India is meant to work through the same list of factors: the standard of living the marriage ran at, what the applicant reasonably needs, whether she is qualified and earning, and whether she gave up work for the family. A judgement from 2020 was decided before that list was written down, but the reasoning behind it is the reasoning courts had been applying for decades. There is a fuller account in how maintenance is calculated.

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Judgements near this one

Ranked by court, then by income bracket and marriage length rather than by date, so the comparison is with cases a court would actually treat as similar. Every row links to its own page.

CaseCourtYearAwardedClaimed underOutcome
Mohd. Abdul Samad v. State of TelanganaSupreme Court of India2024Rs 10,000Section 125 CrPCGranted
Shamima Farooqui v. Shahid KhanSupreme Court of India2015Rs 4,000Rs 6,649 in today's moneySection 125 CrPCGranted
Reema Salkan v. Sumer Singh SalkanSupreme Court of India2018Not statedSection 125 CrPCGranted
Shilpa Sailesh v. Varun SreenivasanSupreme Court of India2023Not statedArticle 142Granted
Kalyan Dey Chowdhury v. Rita Dey ChowdhurySupreme Court of India2017Rs 20,000Rs 30,909 in today's moneySection 25 HMAGranted

Sources

This page summarises a reported judgement for general information. It is not legal advice and it is not a substitute for reading the judgement itself or speaking to a lawyer about your own facts.

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