Factors to be taken in to consideration for deciding application u/s 24 of Hindu Marriage Act
Hindu Marriage Act, 1955 - Section 24 - From the various judicial precedents, the under noted 11 factors can be culled out, which are to be taken into consideration while deciding an application under Section 24 of the Hindu Marriage Act. The same are: 1. Status of the parties. 2. Reasonable wants of the claimant. 3. The independent income and property of the claimant. 4. The number of persons, the non applicant has to maintain. 5. The amount should aid the applicant to live in a similar life style as he/she enjoyed in the matrimonial home. 6. Non-applicant's liabilities, if any. 7. Provisions for food, clothing, shelter, education, medical attendance and treatment etc. of the applicant. 8. Payment capacity of the non applicant. 9. Some guess work is not ruled out while estimating the income of the non applicant when all the sources or correct sources are not disclosed. 10. The non applicant to defray the cost of litigation. 11. The amount awarded under Section 125 Cr.PC is adjustable against the amount awarded Under Section 24 of the Act.
IN THE HIGH COURT OF DELHI AT NEW DELHI
CORAM:
HON'BLE MR. JUSTICE MANMOHAN SINGH
Judgment pronounced on: March 11, 2014
C.M. Nos.2284/2006 and 13056/2012 in Mat.App.19/2004
DR.SEEMA ..... Appellant Through Mr.R.K. Kapoor, Adv. with
Ms.Shweta Kapoor, Adv.
versus
DR.ALKESH CHAUDHARY ..... Respondent Through None
MANMOHAN SINGH, J.
https://www.lawweb.in/2014/03/factors-to-be-taken-in-to-consideration.html
