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Roshni B.. (For justice and dignity)     22 July 2011

Supreme Court doubles alimony of ex-airhostess

Supreme Court doubles alimony of ex-airhostess

 

 

 

A former airhostess, now living in Mumbai with her sister, got a major relief from the Supreme Court.

The apex court on Thursday doubled Vinny Parmar’s monthly maintenance from Rs20,000 to Rs40,000 justifying her standard of living. Her estranged husband Parmvir Parmar is a senior commander in Air India.

Considering the claim for permanent alimony and maintenance under section 25 of the Hindu Marriage Act, “the respondent’s own income and other property, and the income and property of the claimant spouse are relevant material… the court has to consider all the material and determine the amount, which has to be just for standard of living,” the Supreme Court said.

Vinny claimed Parmvir forced her to resign from Cathay Pacific. She is currently unemployed and living with her sister in Mumbai.
Initially, the couple levelled various allegations against each other, including cruelty charge, in the Bombay high court. Later, they reached an agreement.

But when the Bombay high court fixed Rs20 lakh as permanent settlement amount or Rs 20,000 monthly alimony, she challenged the order in the Supreme Court.

Allowing her appeal, the Supreme Court said no fixed formula can be laid for fixing the amount of maintenance.

“The court has to consider the status of the parties, their respective needs, the capacity of the husband to pay, having regard to reasonable expenses for his own maintenance and others whom he is obliged to maintain,” it added.

The Supreme Court then fixed the monthly maintenance at Rs40,000 instead of Rs20,000. As an alternative measure, Supreme Courtsaid the husband could pay Rs40 lakh as a lump sum amount within six months from August 1, 2011, but it “will forfeit all her claims on his property”.


https://www.dnaindia.com/mumbai/report_supreme-court-doubles-alimony-of-ex-airhostess_1568136

 

 



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 4 Replies

Ms Liberal (others)     22 July 2011

Enhancement of claim according to standard of living is justified but it cannot compel any husband to enrich the wife either by begging it . Here it is justified and needs to be welcome. Eralier it was awarded by Delhi High Court in which several lakhs had to be paid by dubai high profile person
 

Saurabh..V (Law Consultant)     22 July 2011

The Author has not highlighted the need for maintenance. Was there any ill treatment by the husband?

 

Maintenance as a rule si only justified when the wife is ill treated by husbsnd and is forced to move out of matrimonial home. Sometimes judges also get swayed to award maintenance by making "gender" a criteria.

 

//peace

/Saurabh..V

A. A. JOSE (LAWYER; LEGAL ADVISER/CONSULTANT& TRAINER)     22 July 2011

This is a  good Judgement  helpful to all those  wives who were ill treated  and/or  thrown out by their husbands !
 

Ms Liberal (others)     22 July 2011

she has been separted by husband and is now unemeployed . As airhostesses are getting some where Rs 75000 P/M even for domestic flight & if Senior Air commander must have eraning some where around 1.5-2 Laksh per montrh so such alimony can be justified to such extent

The court has awrded the alimony on the basis of thir life styles and living socio economic stratia

This willbe iunjustified if the husband is service class working in Govt/pvt sector having incomer leass than 50,000 p.m

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