Law under Section 24 of the Hindu Marriage Act is well crystallized. From the judicial precedents, factors which can be culled out as required to be kept in mind while awarding interim maintenance enumerated!

Alok Kumar Jain vs Purnima Jain

Delhi HC

17/04/2007

CM(M) No.367/2007

About/from the judgment:

Law under Section 24 of the Hindu Marriage Act is well crystallized. From the judicial precedents, factors which can be culled out as required to be kept in mind while awarding interim maintenance are as under:-

 

  1. Status of the parties,
  2. Reasonable wants of the claimant,
  3. The income and property of the claimant,
  4. Number of persons to be maintained by the husband,
  5. Liabilities, if any, of the husband,
  6. The amount required by the wife to live a similar life style as she enjoyed in the matrimonial home keeping in view food, clothing, shelter, educational and medical needs of the wife and the children, if any, residing with the wife and
  7. Payment capacity of the husband.

 

Further, where it is noted that the respective spouses have not come out with a truthful version of their income, some guesswork has to be resorted to by the Court while forming an opinion as to what could possibly be the income of the 2 spouses. This guesswork has to be based on the status of the family, the place where they are residing and the past expenses on the children, if any.

Read the Judgment

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