Supreme Court : The alimony amount must be befitting the status of the parties

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In the recent case, the Supreme Court has stated that the maintenance amount awarded to a woman must be befitting the status of the parties and should be considered as per the capacity of the spouse.

While delivering the judgment, the bench comprising of Justice Banumathi and Justice M.M. Shantanugaoudar has stated that the alimony amount must always dependant on the factual situation of the case and the court would be justified in moulding the claim for maintenance passed on various factors.

The bench was dealing with a petition filed by the man who had challenged an order of the Calcutta High Court which had reviewed its earlier order and had enhanced the amount of maintenance to be paid by him from Rs 16,000 per month to Rs 23,000 per month. The court observed that high court was justified in enhancing the maintenance amount as net salary of the man had increased to Rs 95,000 per month from around Rs 63,500.
The Court further stated that “Since the appellant (man) has also got married second time and has a child from the second marriage, in the interest of justice, we think it proper to reduce the amount of maintenance of Rs 23,000 to Rs 20,000 per month as maintenance to the respondent-wife and son”.

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