PRADEEP NANDRAJOG, J.

( 1 ) I do not intend to catalog the various decisions under Section 24 of the Hindu Marriage Act 1955. It would be sufficient for me to note the judicial principles required to be applied while deciding an application under section 24 of the Hindu Marriage Act 1955.

( 2 ) SINCE the Section relates to entitlement of the appellant spouse to receive interim maintenance from the non-applicant spouse, it is obvious that the focus of enquiry has to be the means of the applicant spouse to maintain him/her self as also the financial means of the non-applicant spouse. The issue of conduct or misconduct of either spouse is irrelevant for the reason, in every proceedings for divorce, dissolution or judicial separation, there is bound to be some allegations or the other pertaining to matrimonial misconduct. Thus, if conduct or misconduct were to be considered, no spouse would get any interim maintenance under Section 24.

( 3 ) THE Section contemplates a summary enquiry and not a trial at length.

( 4 ) RIGHT to maintenance is an incident of the status from an estate of matrimony. Interim maintenance has an element of alimony, which expression in its strict sense means allowance due to wife from husband on separation. It has its basis in social conditions in United Kingdoms under which a married woman was economically dependent and almost in a position of tutelage to the husband and was intended to secure justice to her.

( 5 ) SECTION 24 of the Hindu Marriage Act goes a step further inasmuch as it permits maintenance to be claimed by the husband even against the wife.

( 6 ) WHILE considering a claim for interim maintenance, the court has to keep in mind the status of the parties, reasonable wants of the applicant, the income and property of the applicant. Conversely, requirements of the non applicant, the income and property of the non applicant and additionally the other family members to be maintained by the non applicant have to be taken into all. Whilst it is important to insure that the maintenance awarded to the applicant is sufficient to enable the applicant to live in somewhat the same degree of comfort as in the matrimonial home, but it should not be so exorbitant that the non applicant is unable to pay.

( 7 ) MAINTENANCE awarded cannot be punitive. It should aid the applicant to live in a similar life style she/he enjoyed in the matrimonial home. It should not expose the non applicant to unjust contempt or other coercive proceedings. On the other hand, maintenance should not be so low so as to make the order meaningless.

( 8 ) UNFORTUNATELY, in India, parties do not truthfully reveal their income. For self employed persons or persons employed in the unorganized sector, truthful income never surfaces. Tax avoidance is the norm. Tax compliance is the exception in this country. Therefore, in determining interim maintenance, there cannot be mathematical exactitude. The court has to take a general view. From the various judicial precedents, the under noted 11 factors can be culled out, which are to be taken into consideration while deciding an application under Section 24 of the Hindu Marriage Act. The same are:

"1]. Status of the parties. 2]. Reasonable wants of the claimant. 3]. The independent income and property of the claimant. 4]. The number of persons, the non applicant has to maintain. 5]. The amount should aid the applicant to live in a similar life style as he/she enjoyed in the matrimonial home. 6]. Non-applicant's liabilities, if any. 7]. Provisions for food, clothing, shelter, education, medical attendance and treatment etc. of the applicant. 8]. Payment capacity of the non applicant. 9]. Some guess work is not ruled out while estimating the income of the non applicant when all the sources or correct sources are not disclosed. 10]. The non applicant to defray the cost of litigation. 11. The amount awarded u/s. 125 Cr. PC is adjustable against the amount awarded u/s. 24 of the Act. "

( 9 ) WITH