BOMBAY HIGH COURT - Sec.24 of Hindu Marriage Act - An order for maintenance pendente lite or for costs of the proceedings is conditional on the circumstance that the wife or husband who makes a claim for the same has no independent income sufficient for her or his support or to meet the necessary expenses of the proceeding. It is no answer to a claim of maintenance that the wife is educated and could support herself. Likewise, the financial position of the wife’s parents is also immaterial. The Court must take into consideration the status of the parties and the capacity of the spouse to pay maintenance and whether the applicant has any independent income sufficient for her or his support. Maintenance is always dependent upon factual situation; the Court should, therefore, mould the claim for maintenance determining the quantum based on various factors brought before the Court.” if one has regard to the rich experience the Petitioner is having in his job, his potentiality, his present status as Member of John Maxwell Team, then it follows that at present also he must be earning substantial sum. Whereas Respondent is not having any source of income and now she also cannot support herself when the job is left long back for the purpose of household duties. Hence, merely because at one time in her life, about 20 years back, she was doing some job of Stenographer, she cannot be denied her lawful claim for interim maintenance. Having regard, therefore, to the status of the parties, the capacity of the husband and his approximate earning, the amount of interim maintenance awarded by the trial Court to the tune of Rs.30,000/- per month, in this case, can hardly be called as exorbitant or unreasonable, so as to warrant interference therein. The impugned order therefore passed by the trial Court being just, legal and correct; it is confirmed. Writ Petition being devoid of merits, stands dismissed.

   Sec.24 of Hindu Marriage Act -  An order for maintenance pendente lite or for costs of the proceedings is conditional on the circumstance that the wife or husband who makes a claim for the same has no independent income sufficient for her or his support or to meet the  necessary expenses of the proceeding. It is no answer to a claim of maintenance that the wife is educated and could support herself. Likewise, the financial position of the wife’s parents is also immaterial. The Court must take into consideration the status of the parties and the capacity of the spouse to pay maintenance and whether the applicant has any independent income sufficient for her or his support. Maintenance is always dependent upon factual situation; the Court should, therefore, mould the claim for maintenance determining the quantum based on various factors brought before the Court.”  if one has regard to the rich experience the Petitioner is having in his job, his potentiality, his present status as Member of John Maxwell Team, then it follows that at present also he must be earning substantial sum. Whereas Respondent is not having any source of income and now she also cannot support herself when the job is left long back for the purpose of household duties. Hence, merely because at one time in her life, about 20 years back, she was doing some job of Stenographer, she cannot be denied her lawful claim for interim maintenance.  Having regard, therefore, to the status of the parties, the capacity of the husband and his approximate earning, the amount of interim maintenance awarded by the trial Court to the tune of Rs.30,000/- per month, in this case, can hardly be called as exorbitant or unreasonable, so as to warrant interference therein. The impugned order therefore passed by the trial Court being just, legal and correct; it is confirmed. Writ Petition being devoid of merits, stands dismissed.