Table of Contents
INTRODUCTION
The quantum of maintenance in India depends on various factors such as the income and financial capacity of the parties, the standard of living, the earning potential of the spouse seeking care, the duration of the marriage, and the needs of the parties involved.
Under the Indian legal system, maintenance can be claimed under different statutes including the Hindu Marriage Act, the Muslim Personal Law, the Special Marriage Act, and the Domestic Violence Act, among others. The specific provisions regarding maintenance and the factors considered may vary depending on the applicable law.
In cases of divorce or separation, the court will consider both parties’ financial resources, income, and expenses, including any assets they own. The court may also consider the number of children, their age, and their educational needs. Additionally, the standard of living enjoyed during the marriage also has a bearing on the quantification of maintenance.
It is important to note that the court has discretion in determining the quantum of maintenance in each individual case. The court will consider the specific circumstances and relevant provisions of the applicable law while making a decision on the amount of maintenance to be awarded.
Quantum Of Maintenance– simply means
There is no fixed amount of maintenance that shall be paid. It is the discretion of the court to determine the amount of maintenance. Here are some factors for determining the quantum of maintenance.
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