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Quantum Of Maintenance

In determining the quantum of maintenance in favour of a child, the fact that the mother has seperate earning s is not a relevant consideration in determining the quantum of the child.

In fixing the quantum, the standard of living of the parties, shall have to be considered. It is not the question of minimum amount in which one can just exist. Fixing maintenance on the basis of application or affidavit without giving any opportunity to the parties to lead evidence is illegal.

The maximum amount which can be forwarded for the maintenance of each person is Rs 500. The Magistrate can order a sum not exceeding the said limit to be paid for the wife, and for each of the children unable to maintain itself.

The words in the whole , are intended to prevent the court from exceeding the statutory limit in the case of any particular dependent and are not intended to restrict the power's of the court to order a monthly allowance, in respect of the maintenance of all the dependants.

The expression in the whole does not mean in all. The celling is not for all the claimants in a proceedings taken together,it is for the sum total of individual items for each claimant.

It has been held that that the words in the whole can not be interpreted to mean that the total amount awarded for the wife, child, mother, and father together can not exceed Rs 500 and what the section plainly means is that the court can't grant more than rs 500 for each one of the claimant s. The words in the whole in the context mean taking all the items of maintenance together but not all the members of the family. There is nothing in the section which says that if an application is made on behalf of the wife, an application shall not lie on behalf of the child.

A Magistrate can not , under this section, make an order for maintenance at a progressively increasing rate. He may , however u/s 127 ,from time to time akter the rate of monthly allowence granted u/s ,as the child grows older. The rate must refer to a money payment only and not and not to payment in paddy. It should not be fixed on an abstract and hypothetical thing like capacity to earn money.

Lasiram AIR1968 MANI 49

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