top of page

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

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.

Read the Judgment

Download
Download

Knowledge and content of about almost all their respective descriptions are borrowed from law-related blogs and websites, we, therefore, wish to give proper credit to all the respective law-related blogs and websites like LiveLaw, Bar and Bench, LatestLaws, PathLegal, FirstLaw, Lawctopus, IndianKanoon, Manupatra, LegallyIndia etc.. Many of the judgments are also taken from them websites of Hon'ble Supreme Court and other respective Hon'ble High Courts!

Formats for use

Talk to our volunteer on our #Helpline

8882-498-498

Single Helpline Number For Men In Distress In India

Join our mailing list!  Stay up-to-date on upcoming projects, offers & events.

Thanks for subscribing! Welcome to Daaman!

  • Follow Daaman on Facebook
  • Follow Daaman on Twitter

©2018-2020 Daaman Welfare Society & Trust.

All rights reserved.

Beware, anyone can be a victim of gender bias in society and laws! 

Don't wait: Schedule a conversation with a trusted, experienced Men's Rights Activist to find out how only awareness is the key to fight and remove prevailing gender bias against men in society.
bottom of page