Rajnesh v. Neha: A Case Analysis on Determining the Quantum of Maintenance from a Socio-Legal & Psychological Frame of Reference

Abstract

Based on the foundation of smritikaras, it is decidedly believed that even death cannot part souls that have married each other. As per the Hindu Law, marriage is a sacred tie which strengthens the relationship between a man and a woman for procreating children and ascertaining a healthy social life. However, for every rule there is an exception and therefore, the law provides a standard procedure for judicial dissolution of the marital union between the husband and wife. Divorce is an extremely sensitive subject in India which is followed by maintenance, custody of the children and other facets attached to it. The remedies which have been enumerated under the law of maintenance governed by Section 125 Cr.P.C. are succinct in nature and are generally left to the discretion of the Learned Family Court for their disposal in matters related to awarding maintenance.