Finances should decide maintenance money: SC

A Hindu wife or husband under a marital discord is entitled to maintenance money depending on the financial position of the respective parties, the Supreme Court has ruled.
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Updated on Jul 24, 2011 11:58 AM IST
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PTI | By, New Delhi

A Hindu wife or husband under a marital discord is entitled to maintenance money depending on the financial position of the respective parties, the Supreme Court has ruled.

A bench of justices P Sathasivam and B S Chauhan said courts have to consider various parameters while determining compensation under the Hindu Marriages Act which should include the living standard, respective needs, capacity to pay, though no fixed formula can be laid.

"As per Section 25, while considering the claim for permanent alimony and maintenance of either spouse, the respondent's own income and other property, and the income and other property of the applicant are all relevant materials in addition to the conduct of the parties and other circumstances of the case.

"It is further seen that the court considering such claim has to consider all the above relevant materials and determine the amount which is to be just for living standard.

"No fixed formula can be laid for fixing the amount of maintenance. It has to be in the nature of things which depend on various facts and circumstances of each case," Justice Sathasivam, writing the judgement, observed.

The apex court passed the judgement while enhancing the monthly maintenance amount of a former air hostess Vinny Parmvir Parmar to Rs 40,000 from Rs 20,000. Alternatively the bench said the estranged husband Parmvir Parmar, a senior commander with the Air India, can pay Rs 40 lakh as a lump sum life-time amount.

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