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Maintenance amount should be more than mere sustenance: Court

By IANS,

New Delhi : Delhi High Court Tuesday said the maintenance amount granted to the wife should be sufficient to allow her lead a life with facilities which she was enjoying before separation.

Justice Manmohan while hearing a review petition by a husband said: “While granting maintenance, the court does not have to grant mere sustenance amount, as maintenance directed to be paid is meant to ensure that the spouse enjoys the same monetary status and facilities as he or she was enjoying prior to separation.”

The court passed the order on a plea by a man challenging a lower court’s order directing him to pay Rs.7,000 as monthly maintenance to his wife.

Pradeep Sharma contended that the maintenance amount granted by the lower court was high and he was unable to provide it.

The court, however, was not satisfied with his contention and dismissed his plea after it came to know that his annual income was more than Rs.600,000.

Reiterating an earlier order of the apex court, Justice Manmohan said as the determination of maintenance is not governed by any rigid or inflexible rule, it gives wide power and discretion to the court to do justice.