Special Marriage Act

Quantum of Maintenance

The factors for determining the quantum of maintenance are as follows:

  • The position and the status of the parties;
  • The reasonable wants of the claimant;
  • If the claimant is living separately, whether the claimant is justified in doing so;
  • The value of the claimant property and any income derived from such property; or from the claimant’s own earnings from any other source;
  • The number of persons entitled to be maintained.

The basic parameters of maintenece under Special Marriage Act are founded on the the Principles of Hindu Law, hence they have not been reiterated under this section.