If the husband has to maintain other persons like his parents, etc. reasonable allowance for their maintenance shall have to be made. It would be unjust to grant maintenance in an arbitrary manner.

If the husband has to maintain other persons like his parents, etc. reasonable allowance for their maintenance shall have to be made. It would be unjust to grant maintenance in an arbitrary manner.

Sakarben Shambhubhai Rabari and another vs Shambhubhai Masharubhai Rabari and another

Gujarat HC

07/04/2014

CRIMINAL REVISION APPLICATION (FOR MAINTENANCE) NO. 238 of 2014

About/from the judgment:

While fixing the quantum of maintenance, the Court has to take into account not only the needs of person who claims maintenance but also the capacity, status, commitments and the obligations of person who has to pay it. If the husband has to maintain other persons like his parents, etc. reasonable allowance for their maintenance shall have to be made. It would be unjust to grant maintenance in an arbitrary manner. The party who has to pay maintenance is also not to be virtually rendered a destitute. A fair balancing of all the relevant factors is to be done by the Courts without making an emotional approach to the problem. The Court shall have to keep in mind that what is to be provided is the maintenance and it cannot have saving element in it nor is it the purpose of the legislature to put the claimant in a luxurious position. The definition of maintenance given by the Act makes this position amply clear. [Kailashchandra Gupta versus Chamanlal Gupta, reported in 1985 (1) Hindu Law Reporter 411]. Similarly, if the claimant is residing in a village where the cost of living is comparatively cheaper than in the cities and towns, the Court shall have to take that factor also into account. [1984 Hindu Law Reporter 704]

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