Kalaben Kalabhai Desai v. Alabhai Karamshibhai Desai

  • Akanksha A Reddy, Chirst University Bangalore
  • January 10, 2021

Content :

The following is a case analysis of Kalaben Kalabhai Desai v. Alabhai Karamshibhai Desai, AIR 2000 Guj 232 (233): (2000) 4 Cur CC 419. The case deals with maintenance and more specifically with the grant of interim maintenance. Interim maintenance is a temporary (pendente lite)in nature dealt with under Section 24 of the Hindu Marriage Act wherein the court grants maintenance for a temporary period during the pendency of divorce or operation proceedings  to meet the immediate needs of petitioner, who can be either the wife or the husband and Section 26 of the Hindu Marriage Act deals with the custody of children and allows court to pass orders and make provision which will be looking into best interest of minor children in regard to education and maintenance.The case has been read, summarized, and analyzed. It was held that, the guideline to be adhered to while dealing with the grant of interim maintenance is to award 1/3rd of the total amount of income of husband to the wife monthly along with a reasonable sum being awarded toward the maintenance of the minor child.