What factors are to be considered for grant of interim maintenance U/S 24 of Hindu marriage Act?
the Court would have no alternative but to apply its guess-work. In the
decision reported as 140 (2007) DLT 16 Sh.Bharat Hegde Vs. Smt.Saroj
Hegde it was held that under noted eleven factors have to be taken into
account: -
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 u/s 125 Cr.PC is adjustable against the
amount awarded u/ 24 of the Act.
IN THE HIGH COURT OF DELHI AT NEW DELHI
Date of Decision: August 08, 2016
MAT.APP.(F.C.) 35/2015
SUJIT KUMAR
versus
VANDANA
CORAM:
MR. JUSTICE PRADEEP NANDRAJOG
MS. JUSTICE PRATIBHA RANI
https://www.lawweb.in/2016/10/what-factors-are-to-be-considered-for.html
