In arriving at the income of a party only involuntary deductions like income-tax, provident fund contribution, etc.. are to be excluded
While fixing permanent alimony and maintenance under Section 25 of the Act, the court is expected to make detailed inquiry and has to take into account not only the income but other properties of the parties, their conduct and other circumstances of the case that the court might consider relevant. But that would not be so for the decision of the application under Section 24 of the Act as in its very nature, the inquiry under Section 24 has necessarily to be summary. The court cannot be bogged down to intricacies of a protracted trial for fixing maintenance pendente lite and expenses of the proceedings. Otherwise, the very object of the section would be frustrated which is that a party is not handicapped in prosecuting his or her case. But, then in deciding the application under Section 24 of the Act, the court has to act in accordance with sound judicial principles and cannot act in an arbitrary fashion to the prejudice of either of the parties. The following principles would appear to be relevant for the purpose : (1) position and status of the parties ; (.2) reasonable want of the claimant (towards food, clothing, shelter, medical attendance and treatment, education and the like) ; (3) income of the claimant ; (4) income of the opposite party ; (5) number of persons opposite party is obliged to maintain. Two corollaries may be added here (1) In arriving at the income of a party only involuntary deductions like income-tax, provident fund contribution, etc.. are to be excluded; and (2) though under the law oppo
