Determination of Maintenance for working wife and minor child

In the case of Tilak Kumari & Anr. vs Sh. Anand the Delhi High Court had to determine the interim maintenance under section 18 and 20 of the Hindu Adoption and Maintenance Act.

The Court relied on the judgement of K Lalchandani vs Smt Meenu Lalchandani as follows:

This court held that wife and children have to be put in the same position as the husband/father and the maintenance has to be in tune with their status and mode of living to which they were used to before separation before the spouses and the wife and children are to be what they enjoyed till the date of separation.

The Court also relied on the judgement of Padmja Sharma vs Ratanlaal Sharma as follows: Under this Section it is as much the obligation of the father to maintain a minor child as that of the mother. “

Since the petitioner mother was working as LDC in the government, the maintenance of 5000 was fixed in consideration of the above cases and circumstances to the petitioner wife and minor daughter.


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