Income of family members of applicant can not be taken in to consideration for grant of maintenance
The test is whether the wife or the husband, as the case may be, has any independent income sufficient for her or his support and to bear the necessary expenses of the proceedings. It does happen that, even in the absence of independent income, the party manages to keep alive and even to contest in law-courts on the help provided by relations or friends. But while considering whether any grant should be ordered, the good-will or charity of relations and friends cannot be taken into account. What is to be examined is whether there is sufficient independent income by which is meant actual income and not merely possible or potential income. It is admitted in this case there is no actual independent income of the appellant. Whether or not the father or maternal uncle have been helping her willingly or from a mere sense of duty, the Courts cannot compel them to shoulder this additional burden. Obviously whatever they give, cannot become the independent income of the appellant,
Madhya Pradesh High Court
Radhikabai vs Sadhuram Awatrai on 25 November, 1965
Equivalent citations: AIR 1970 MP 14
