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Promoting Harmony
Daaman
Sec 24, Hindu Marriage Act, 1955 reduction in capacity to pay of the person liable to pay the maintenance is relevant factor while determining maintenance
Uma Priyadarshini S Vs Suchith K Nair
Supreme Court
06/01/2022
CIVIL APPEAL NOS. 204-206 OF 2022 : (2022) 5 SCC 659
About/from the judgment:
The High Court has, by the impugned judgment and order held that the Appellant is not entitled to any maintenance as she is gainfully employed. The interim maintenance for the son has been reduced to Rs.15,000/- per month and actual educational expenses Rs.15,000/- per month for maintenance of the child is a pittance, too meagre. The impugned judgment and order cannot be sustained and is set aside.
Learned senior counsel appearing on behalf of the Respondent, emphatically argued that the Respondent is willing to discharge and has been discharging his obligations towards his son, and has been incurring expenditure in the region of over Rs.1,00,000/- for the educational expenses of his son.
Learned senior counsel also argued that the Respondent is a Pilot. The aviation industry has adversely been hit by the COVID-19 pandemic. Many commercial flights had to be grounded. The emoluments of the Pilots, which are directly linked to the number of flying hours have gone down drastically.
The issue of maintenance has to be decided afresh by the concerned court/family court in accordance with law, taking into account all relevant factors including the income of the respective spouses, the number of persons actually dependent on the spouses etc. A final decision shall be taken by the concerned court/family court as expeditiously as possible, preferably within six months from the date of communication of this order. The parties shall make a disclosure of their income, assets, savings, etc. before the concerned court.
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