Sandeep Jain vs. Mrs. Nivedita Jain

Madhya Pradesh High Court (Single Judge)

MP, 629 of 2018, Judgment Date: Mar 09, 2018

Law laid down -

Section 24 of the Hindu Marriage Act-

1.In determining the amount of maintenance income/financial position of the wife’s parents or other relations is immaterial.

2. Merely because the wife is well qualified, no presumption can be drawn that:-

(i) she is in a position to maintain herself.
(ii) she is out of employment on her own volition
(iii) If she is not in a job it is due to her inaction

3. No set formula can be laid for fixing the amount of maintenance. It depends on the facts & circumstances of each case.
The Court has to consider status of parties, respective needs, capacity of husband while fixing amount of maintenance.

4. The date from which maintenance (Under Section 24 of Hindu Marriage Act) should be granted by the Court depends on the discretion of the Court.

Sandeep Jain vs. Mrs. Nivedita Jain