File Copyright Online - File mutual Divorce in Delhi - Online Legal Advice - Lawyers in India

Quantum Of Maintenance

In determining the quantum of maintenance in favour of a child, the fact that the mother has seperate earning s is not a relevant consideration in determining the quantum of the child.

In fixing the quantum, the standard of living of the parties, shall have to be considered. It is not the question of minimum amount in which one can just exist. Fixing maintenance on the basis of application or affidavit without giving any opportunity to the parties to lead evidence is illegal.

The maximum amount which can be forwarded for the maintenance of each person is Rs 500. The Magistrate can order a sum not exceeding the said limit to be paid for the wife, and for each of the children unable to maintain itself.

The words in the whole , are intended to prevent the court from exceeding the statutory limit in the case of any particular dependent and are not intended to restrict the power's of the court to order a monthly allowance, in respect of the maintenance of all the dependants.

The expression in the whole does not mean in all. The celling is not for all the claimants in a proceedings taken together,it is for the sum total of individual items for each claimant.

It has been held that that the words in the whole can not be interpreted to mean that the total amount awarded for the wife, child, mother, and father together can not exceed Rs 500 and what the section plainly means is that the court can't grant more than rs 500 for each one of the claimant s. The words in the whole in the context mean taking all the items of maintenance together but not all the members of the family. There is nothing in the section which says that if an application is made on behalf of the wife, an application shall not lie on behalf of the child.

A Magistrate can not , under this section, make an order for maintenance at a progressively increasing rate. He may , however u/s 127 ,from time to time akter the rate of monthly allowence granted u/s ,as the child grows older. The rate must refer to a money payment only and not and not to payment in paddy. It should not be fixed on an abstract and hypothetical thing like capacity to earn money.

Lasiram AIR1968 MANI 49

Law Article in India

Ask A Lawyers

You May Like

Legal Question & Answers

Lawyers in India - Search By City

Copyright Filing
Online Copyright Registration


How To File For Mutual Divorce In Delhi


How To File For Mutual Divorce In Delhi Mutual Consent Divorce is the Simplest Way to Obtain a D...

Increased Age For Girls Marriage


It is hoped that the Prohibition of Child Marriage (Amendment) Bill, 2021, which intends to inc...

Facade of Social Media


One may very easily get absorbed in the lives of others as one scrolls through a Facebook news ...

Section 482 CrPc - Quashing Of FIR: Guid...


The Inherent power under Section 482 in The Code Of Criminal Procedure, 1973 (37th Chapter of t...

The Uniform Civil Code (UCC) in India: A...


The Uniform Civil Code (UCC) is a concept that proposes the unification of personal laws across...

Role Of Artificial Intelligence In Legal...


Artificial intelligence (AI) is revolutionizing various sectors of the economy, and the legal i...

Lawyers Registration
Lawyers Membership - Get Clients Online

File caveat In Supreme Court Instantly