KULBHUSHAN KUMAR versus RAJ KUMARI & ANR.

KULBHUSHAN KUMAR versus RAJ KUMARI & ANR.

The amounts received by the wife from her father were not 'income' under s. 23(2) as they were not from property or own earnings but only a bounty, thus not to be considered in determining maintenance. The High Court order granting maintenance at Rs. 250 per month to the wife (subject to a limit of 25% of the husband's free income after proper deductions) from the date of the suit, and Rs. 150 per month to the daughter (subject to a 15% income cap), was correct in law and quantum as per the facts of the case.

Parties
Appellant: Kulbhushan Kumar; Respondent: Raj Kumari
Jurisdiction
India
Judgment Date
20 October 1970
Procedural Posture
Civil Appeal / Supreme Court Appeal From Allahabad High Court Judgment
Outcome
Appeal dismissed with modifications
Legal Topics
Maintenance, Hindu Adoptions and Maintenance Act, Quantum of Maintenance
Family Law Maintenance Hindu Adoptions and Maintenance Act Quantum of Maintenance

Case Brief

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Parties

Kulbhushan Kumar

Appellant

Raj Kumari

Respondent

Procedural Posture

Civil Appeal / Supreme Court Appeal From Allahabad High Court Judgment

Legal Issues

  1. 1 Whether the amounts received by wife from her father could be counted as her 'income' under s. 23(2)(d) of the Hindu Adoptions and Maintenance Act, 1956, in determining maintenance
  2. 2 How to determine the husband's 'free income' for the purpose of maintenance under the Act
  3. 3 Appropriate amount of maintenance and the relevant date from which it is payable

Ratio Decidendi

The amounts received by the wife from her father were not 'income' under s. 23(2) as they were not from property or own earnings but only a bounty, thus not to be considered in determining maintenance. The High Court order granting maintenance at Rs. 250 per month to the wife (subject to a limit of 25% of the husband's free income after proper deductions) from the date of the suit, and Rs. 150 per month to the daughter (subject to a 15% income cap), was correct in law and quantum as per the facts of the case.

Court Disposition

Appeal dismissed with modifications

Orders

  • Maintenance to wife fixed at Rs. 250 per month, not to exceed 25% of husband's free income after deduction of income tax, compulsory provident fund, and professional car expenses as allowed by income-tax authorities, from the date of the suit.
  • Maintenance to daughter fixed at Rs. 150 per month, not to exceed 15% of husband's average monthly income, till her marriage.