No fixed formula can be laid for fixing the amount of maintenance under Section 25 of Hindu Marriage Act?

The Supreme Court in the case of Vinny Parmar vs Paramvir Parmar on 20 July, 2011 held that no fixed formula can be laid for fixing the amount of maintenance. It has to be in the nature of things which depend on various facts and circumstances of each case..

The Supreme Court found only issue in these appeals was-

What would be the reasonable amount the appellant-wife is entitled by way of maintenance from the husband in terms of section 25 of the Act.

The apex court after going through plethora of judgments held that-

The object of these provisions under this section being to prevent vagrancy and destitution, the Court has to find out as to what is required by the wife to maintain a standard of living which is neither luxurious nor penurious, but is modestly consistent with the status of the family. The needs and requirements of the wife for such moderate living can be fairly determined, only if her separate income, also, is taken into account together with the earnings of the husband and his commitments. As well as it is relevant to point out that the status of the appellant before her marriage is also one of the relevant factors for determining the amount of maintenance. So taking all this into consideration the apex court held that ends of justice would be done by fixing the Maintenance at the rate Rs. 40000/- per month instead of Rs. 20,000/-as been fixed by the lower court.



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