The Hindu Adoptions and Maintenance Act,1956
23. Amount of maintenance.-
(1) It shall be in the discretion of the Court to determine whether any, and if so what, maintenance shall be awarded under the provisions of this Act, and in doing so, the court shall have due regard to the considerations set out sub-section (2), or sub-section (3), as the case may be, so far as they are applicable.
(2) In determining the amount of maintenance, if any, to be award to a wife, children or aged or infirm parents under this Act, regard shall be had to ”
(a) the position and status of the parties.
(b) the reasonable wants of the claimant
(c) if the claimant is living separately, whether the claimant is justified in doing so,
(d) the value of the claimants property and any income derived from such property, or from the claimants.
(e) the number of persons entitled to maintenance, if any, to be awarded to a dependant under this Act, regard shall be had to –
(3) In determining the amount of maintenance, if any, to be awarded to a dependant under this Act, regard shall be had to –
(a) the net value of the estate of the deceased after providing for the payment of his debts.
(b) the provisions, if any, made under a will of the deceased in respect of the dependant.
(c) the degree of relationship between the two.
(d) the reasonable wants of the dependants.
(e) the past relations between the dependant and the deceased.
(f) the value of the property of the dependant and any income derived from such property, or from his or her earnings or from any other source.
(g) the number of dependants entitled to maintenance under this Act.
Comments
Quantum of maintenance
The amount payable by way of maintenance depends on the facts of each case and as such, no exception could be taken to the amount fixed by the trial Court as well as the date from which the maintenance could be claimed; Vasantha v. Chandren, AIR 2002 Mad 214.
