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1 - 3 of 3 (0.18 seconds)Section 26 in The Hindu Marriage Act, 1955 [Entire Act]
Smt. Jasbir Kaur Sehgal vs The District Judge Dehradun & Ors on 27 August, 1997
7. The matter of payment of maintenance of the minor child came up for consideration before the Apex Court in the case of Jasbir Kaur Sehgal v. District Judge, Dehradun . In paragraph 6 of the said judgment it has been observed that ". . . . In this case since the wife has no income of her own, it is the obligation of the husband to maintain her and her two unmarried daughters, one of whom is living with his wife and one with him. Section 24 of the Act no doubt talks of maintenance of the wife during the pendency of the proceedings but this section, in our view, cannot be read in isolation and cannot be given restricted meaning to hold that it is the maintenance of the wife alone and no one else. Since the wife is maintaining the eldest unmarried daughter, her right to claim maintenance would include her own maintenance and that of her daughter. This fact has to be kept in view while fixing the maintenance pendente lite for the wife...." It was also observed that although there is no set formula which can be laid for fixing the amount of maintenance, which would be dependent on various factors but "the Court has to consider the status of the parties, their respective needs, the capacity of the husband to pay having regard to his reasonable expenses for his own maintenance and of those he is obliged under the law...." After holding that the husband had monthly income of Rs. 20,000/- per month, the Apex Court fixed the interim maintenance at the rate of Rs. 5,000/- per month.
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