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Saturday 17 November 2012

Permanent alimony - Status of wife before her marriage is one of the relevant factors for determining the amount of maintenance

Hindu Marriage Act, 1955, Section 25 -- Permanent alimony - Status of wife before her marriage is one of the relevant factors for determining the amount of maintenance.
Hindu Marriage Act, 1955, Section 25 -- Permanent alimony - Income and other property of the parties are relevant materials in addition to the conduct of the parties and other circumstances of the case - Court has to consider status of 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 - Amount of maintenance to be fixed for the wife should be such as she can live in reasonable comfort considering her status and mode of life to which she was used to live when she lived with her husband - Amount so fixed cannot be excessive or affect the living condition of the other party.

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