Prem Chhabria 10 October 2020
Dr J C Vashista (Advocate) 10 October 2020
What is the financial status of your brother and his family ?
Consult a local prudent lawyer for better appreciation of facts/ documents, professional guidance and necessary proceeding.
Prem Chhabria 10 October 2020
P. Venu (Advocate) 10 October 2020
As the brother, your priority ought to be in saving the marriage unless there are compelling reasons of which there is not even a whisper from your part.
Esheta Lunkad 12 October 2020
The Court fixes the amount of maintenance after taking into consideration all the circumstances of the parties to the case. No particular amount for maintenance is fixed, as the amount may differ from case to case. This was held by the Allahabad High Court in the case of Smt. Preeti Archana Sharma vs Ravind Kumar Sharma, AIR 1979 All 29. Below is the relevant paragraph of the case;
"It is well settled that a discretion must be exercised in a reasonable and proper manner, and not arbitrarily or capriciously. An order is a reasonable order which takes into consideration the various circumstances, for example, the means and the income of the parties, the nature of the litigation and allied circumstances. Section 24 uses the word "support" and does not use the word "standard" or "status". It is clear that the Court must keep in view that one cannot live like a Lord and the other like a maid nor can one live like a princess and the other like a servant. There must be some balance. It cannot be that while one lives in penury the other lives in grand style. The object of Section 24 is to provide the financially weaker party with some modicum of funds so that he or she, as the case may be, may contest the litigation. Every matrimonial suit is galling to the parties. It lays bare their personal problems. Their failure to adjust becomes a matter of discussion in Court, The sanctity of the matrimonial relationship is a confidential and private affair, but the same does not remain so once the matter comes to Court. Both the parties, howsoever high they may be, have to come to Court, lead evidence and contest the suit. It means that they have to come to Court a number of times. It also means expense. It is also well known that a suit does not conclude, even if it be a matrimonial suit early. It takes time. How is the party, the weaker party to maintain himself or herself, as the case may be, during the period the proceedings are pending. Justice demands that their equities be adjusted. It is, therefore, necessary for the Court to find out the respective income of the parties and the means they have. If a party has sufficient means, the Court may not allow her litigation expenses, but where it is shown that the party does not have an income or means the Court must order payment under both the heads. What should be the reasonable amount would be decided by the Court taking into consideration the various factors."
Hope this solves your query!
varun aggarwal (Advocate) 13 October 2020
Definitely under Hindu Marriage Act, Sec. 24 your sister as well as for her son, interim application for grant of maintenance can be filled coupled with Divore Petition, where the family court can order for interim maintenance for your sister and her son. But the same would be till he pendency of the petition. Now as regards to the quantum of maintenance, it all depends upon the living standard of the husband, the expenses for the upbringing of the child, the reasonable amount required by the your sister to take care of needs etc. etc. My suggestions would be to file simoltaneous application u/S 125crpc for maintaince.