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“While deciding the main application under Section 144, Nagarik Suraksha Sanhita 2023, the Family Court should take into consideration the income and financial capacity of both parents and determine the amount of maintenance in a just and reasonable manner keeping in view the principle of shared parental responsibility and the welfare of the minor child.”
“Hindu Women’s right to maintenance is not by virtue of any statute, but is found in Shastric Hindu law; maintenance has to be proper, appropriate and adequate, giving the woman so maintained the ability to continue to live the life, similar to what she once lived.”
The Court, however, opined that “Section 125 of CrPC has not been constituted to create an army of idle or inactive people waiting for maintenance to be awarded from the income of the other spouse.”
“In the case of Hindu women, who may not have their own income, receiving a life estate given to them by their husbands who may predecease them is an essential safeguard for their financial security during their lifetime.”
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