Quantum in case of maintenance
Adv M.D.Azhar
(Querist) 31 January 2015
This query is : Resolved
Learned respected experts, in the case of maintenance, opponent husband has proved his income as, 6,000/- rupees or there is no other source of the income of the husband moreover house on which the applicant relies is mortgaged in the bank which is also not absolute property of the opponent. opponent and his father or his father are co-applicant for the purpose of the loan while loan is sanctioned on the name of the brother of opponent. Installments also paid from the account of opponents brother than, how court can image about the income of the said house on the part of the opponent. Except this there is no other evidence on the record, can court can award maintenance 3,500/- against the opponent while two year old son is also with the opponent. court has accepted his official income is 6,000/- while there is no findings about the other income that, he is also earning from the other sources. In this case what should be the amount of quantum? and how it can be count. plz reply.
Advocate M.Bhadra
(Expert) 31 January 2015
Allahabad High Court considered in this case:
Smt. Veena Panda vs Devendra Kishore Panda on 22 February, 2006
"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."
Opp.Party can file a CRL.APPEAL in District Judges Court against the said order.
ajay sethi
(Expert) 01 February 2015
generally 1/3rd of income is awarded as maintenance . in present case court has awarded for wife and child also . if you are aggreived by impugned order you can challenge said order of maintenance
Dr J C Vashista
(Expert) 01 February 2015
1. Income from the house property, if any, when it is mortgaged with the bank is not interfered and continues, if at all to be calculated in favour of husband on pro-rata basis.
2. Total income has to be reconciled by wife as well that whether all sources are included or concealed.
3. Quantum of maintenance in the instant case can be emphasised on the basis of "Minimum Wages Act" which is oblivious to be more than Rs. 6000/- per month.
4. For fixation of amount there is no set formula which depends upon facts and circumstances of each case. As gidlines given by Supreme Court in the case titled "Jasbir Kaur Sehgal Vs. the district Judge Dehradun" AIR 1997 SC 3397 the court has to consider:
a)Status of parties;
b)their respective needs;
c)capacity of husband to pay qua reasonable expenses and own maintenance;
d) amount has to be fair for wife to live with all comforts, her status and standard when she lived with her husband.
However, Delhi High Court in Bharat Hedge case has provided 11 such points for consideration and guidelines for the quantum of maintenance.
Rajendra K Goyal
(Expert) 01 February 2015
If aggrieved with the orders of the maintenance, can go for appeal.
Adv M.D.Azhar
(Querist) 01 February 2015
Sethi sir,child is living with the husband present opponent and not with the applicant.
Nicely explained by the experts thanks.
ajay sethi
(Expert) 02 February 2015
ok you can challenge the impugned order . thanks for your appreciation
T. Kalaiselvan, Advocate
(Expert) 02 February 2015
The order may be challenged before the higher court based on the ground realities which were omitted to be noted by the lower court.
