AIR 1939 MADRAS 37

Madras High Court

Hon'ble Judge(s): Wadsworth , J

(A) Hindu Law - Maintenance - Widow - Basis upon which maintenance is fixed in first instance stated-Suit for enhancement of maintenance - Maximum which can be allowed to her would be income of share to which her deceased husband would have been entitled had he been alive at date of suit. The basis upon which the maintenance of a widow is to be fixed in the first instance is well settled. It should be fixed so far as means are available, at an amount which will enable her to live comfortably, according to the standard of comfort obtaining in the community to which she belongs. In fixing the figure regard will be had to the amount of money available and the ordinary rule is that the maximum allowance which she should get would be an amount equal to the income of her husband's share in the property : 21 M L J 706 and 35 Mad 147, Rel. on.(Para 38C2) In a suit for enhancement of maintenance the maximum which could be awarded to the widow would be the amount of the income of the share to which her deceased husband would have been entitled had he been alive and a coparcener at the date of the suit for enhancement: AIR 1915 Mad 26, foll.(Para 38C2 39C1) (B) Hindu Law - Maintenance - Widow - Suit for enhanceme....