Writ Petition No. 14430 of 2011 · Madhya Pradesh High Court

Sehgal (Smt.) v. District Judge Dehradun and others : (1997) 7 SCC 7 wherein it is observed :

8.... .. . . . . No set formula can be laid for fixing the amount of maintenance. It has, in the very nature of things, to depend on the facts and circumstances of each case. Some scope for leverage can, however, be always there. The court has to consider the status of the parties, their respec tive needs, the capacity of the husban d to pay having regard to his reasonable expenses WP 14430.11 for his own maintenance and of those he is obliged under the law and statutory but involuntary payments or deductions. The amount of maintenance fixed for the wife should be such as she can live in reasonable comfort considering her status and the mode of life she was used to when she lived with her husband and also that she does not feel handica pped in the prosecution of her case. At the same time, the amount so fixed cannot be excessive or extortionate. In the circumstances of the present case we fix maintenance pendente lite at the rate of Rs. 5000 per month paya ble by the respondent husban d to the appellant- wife.

The impugned order when adjudged on these principles, does not warrant an interference. It is reiterated that the matter has been heard and decided on the insistence of learned counsel for the petitioner, though the report of service of notice on respondent is still awaited. However, since the petition is sans merit, the same is dismissed without further waiting for service on respondent. Certified copy as per rules. S C (SANJAY YADAV) JUDGE