Finances should decide maintenance money: SC

A bench of justices P Sathasivam and B S Chauhan said courts have to consider various parameters while determining compensation under the Hindu Marriages Act which should include the living standard, respective needs, capacity to pay, though no fixed formula can be laid.

"As per Section 25, while considering the claim for permanent alimony and maintenance of either spouse, the respondent's own income and other property, and the income and other property of the applicant are all relevant materials in addition to the conduct of the parties and other circumstances of the case.

"It is further seen that the court considering such claim has to consider all the above relevant materials and determine the amount which is to be just for living standard.
"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," Justice Sathasivam, writing the judgement, observed.

The apex court passed the judgement while enhancing the monthly maintenance amount of a former air hostess Vinny Parmvir Parmar to Rs 40,000 from Rs 20,000. Alternatively the bench said the estranged husband Parmvir Parmar, a senior commander with the Air India, can pay Rs 40 lakh as a lump sum life-time amount.

Vinny had moved the apex court challenging the concurrent rulings of the Family Court and the Bombay High Court which fixed the monthly amount at Rs 20,000 or Rs 20 lakh as permanent alimony. The two courts while fixing the amount had estimated Rs 1.4 lakh as the husband's per month income.

The woman in her plea said she had a lucrative job as an air hostess in Cathay Pacific Airlines, but quit it at the instance of her husband and since then she has no regular source of income.

Upholding her plea, the bench said," The court has to consider the status of the parties, their respective needs, the capacity of the husband to pay, having regard to reasonable expenses for his own maintenance and others whom he is obliged to maintain under the law and statute.

"The courts also have to take note of the fact that the amount of maintenance fixed for the wife should be such as she can live in reasonable comfort, considering her status and mode of life she was used to live when she was with her husband.

At the same time, the amount so fixed cannot be excessive or affect the living condition of the other party, the bench said.

According to the Supreme Court, these are all the broad principles that has to be kept in mind by courts while determining maintenance or permanent alimony.

"We feel that the ends of justice would be met by fixing maintenance at the rate of Rs 40,000 per month instead of Rs 20,000 per month as fixed by the family court and affirmed by the high court.

"We fix the amount of permanent alimony/maintenance at Rs 40 lakh in lump sum to be paid by the respondent within a period of six months from 01.08.2011 which will forfeit all her claims," the bench added.