Legal Question in Family Law in India

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The wife can claim maintenance from her husband for herself as well as her two daughters, if she has obtained a divorce form him or she lives separately with the two daughters. The Court has to be satisfied that the woman is living separately from the man due to grounds which is reasonable and justified. The quantum of maintenance allowance is required to be fixed after considering the status of both the parties, income of the spouses, earning capacity of the husband, his liabilities, basic needs of the wife and other relevant circumstances. There is no fixed share as such and the Court looks into a number of factors before awarding an amount as maintenance to the wife and the child. In Smt. Veena Panda vs Devendra Kishore Panda case, the Allahabad High Court explained the criteria over which the maintenance is divided from the income of the husband. In this case it was held that no rigid formula about percentage of income can be fixed for giving maintenance. The quantum depends upon the status and income of the parties.

The following principles were found to be relevant for the purpose:

(1) Position and status of the parties.

(2) Reasonable wants of the claimant towards food, clothing, shelter, medical attendance with treatment, education and the like.

(3) Income of the claimant.

(4) Income of the opposite party.

(5) Number of persons the opposite party is obliged to maintain.

(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. The amount ascertained for the maintenance of the child is the amount which would be required for the well-being of the child and having his best interests attended and looked after.

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Advocate Pooja

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