Manish Jain vs Akanksha Jain on 30 March, 2017
In Manish Jain v Akanksha Jain this Court held that the
financial position of the parents of the applicant-wife, would not be material
while determining the quantum of maintenance. An order of interim
maintenance is conditional on the circumstance that the wife or husband who
makes a claim has no independent income, sufficient for her or his support. It is
no answer to a claim of maintenance that the wife is educated and could
support herself. The court must take into consideration the status of the parties
and the capacity of the spouse to pay for her or his support. Maintenance is
dependent upon factual situations; the Court should mould the claim for
maintenance based on various factors brought before it.