Points will be taken into consideration, while granting the maintenance

The following points will be taken into consideration, while granting the maintenance:
1. Status of the parties
2. reasonable wants of the claimant.
3. the independent income and p[roperty of the claimant
4. the number of persons, the non-applicant has to maintain
5. the amount should aid the applicant to live in a similar life style as he / she enjoyed in the matrimonial home.
6. non-applicant’s liabilities, if any.
7. provisions for food, clothing, shelter, education, medical attendance and treatment etc. of the applicant.
8. payment capacity of the non-applicant.
9. some guess work is not ruled out while estimating the income of the non-applicant when all the sources or correct sources are not disclosed.
10, the non-applicant to defray the cost of lititgation.
11. the amount awarded U/s. 125 cr.p.c. is adjustable against the amount awarded under Section 24 of the Act.
The amount roughtly comes to 1/2 to 3/4th income of the non-applicant.

If we look at the entire gamut of Indian matrimonial law, we will find that the provisions for maintenance are available in following statues in case of Hindu Marriage:

• Section 125 Criminal Procedure Code( Cr.P.C.)
• Section 20 of Protection of women from Domestic Violence
• Section 18 of Hindu Adoption and Maintenance Act
• Section 24 of Hindu Marriage Act
• Section 25 of Hindu Marriage Act

A general conjoint reading of the aforesaid provision makes it amply clear that the objective of law is to providemaintenance to the Spouse who does not have sufficient means to maintain himself/herself by the one who has capacity and means to provide maintenance. The object is salutary and the scheme appreciating.
A cursory look at the past practices and belief is a clear cut indication of the fact that it is the man who has been bestowed with the power, capacity and capability to look after the family. Womanhood is expected to take care of the domestic chores while men were held responsible for all financial support to the family.
Law is expected to change with time. So, when women starting assuming proactive roles in the society, then maintenance law in India took care of this fact and brought the working men and women in the same pedestal. In number of cases, it was held that Husband is entitled to maintenance if he does not have sufficient means and the wife is working.
While awarding maintenance, Court considers following factors among other:

1. Status of the husband and wife.
2. Salary/ Income of the husband
3. Salary /Income of the wife
4. Liabilities of husband, if any
5. Dependants
6. Reasonable wants of claimant.
7. Financial Background
8. Movable & Immovable properties of the Husband

Though there is no fixed formula to arrive at the calculation of maintenance. Yet, the figure hovers around 30% to 40% of the salary/income.
It will be a no defence in case of maintenance that other spouse is at fault or marriage is solemnised on the strength of fraud, the other claimant wilfully and without reasonable cause left the society of the spouse, etc. Court awards maintenance on the strength of marriage and conduct of the party could play a part in determining the quantum of maintenance. Thus, as a matter of general rule maintenance is awarded.
The Job of Divorce/maintenance lawyer as well as the Court is to have an award of reasonable maintenance depending upon the status of the parties.