(1) It shall be in the discretion of the court to determine whether any, and if so what, maintenance shall be awarded under the provisions of this Act, and in doing so the court shall have due regard to the consideration in sub-section (2) or sub-section (3), as far as they may be applicable.
(2) In determining the amount of maintenance, if any, to be awarded to a wife, children or aged or infirm parents under this Act, regard shall be had to—
(a) the position and status of the parties;
(b) the reasonable wants of the claimant;
(c) if the claimant is living separately, whether the claimant is justified in doing so;
(d) the value of the claimant's property and any income derived from such property, or from the claimant's own earning or from any other source;
(e) the number of persons entitled to maintenance under this Act.
(3) In determining the amount of maintenance, if any, to be awarded to a dependant under this Act, regard shall be had to—
(a) the net value of the estate of the deceased after providing for the payment of his debts;
(b) the provision, if any, made under a will of the deceased in respect of the dependant;
(c) the degree of relationship between the two;
(d) the reasonable wants of the dependant;
(e) the past relations between the dependant and the deceased;
(f) the value of the property of the dependant and any income derived from such property, or from his or her earnings or from any other source;
(g) the number of dependants entitled to maintenance under this Act.
Legal Commentary & Landmark Judgments: Section 23
Section 23 of the Hindu Adoptions and Maintenance Act, 1956 defines the statutory criteria and judicial discretion for determining the quantum of maintenance.
Sub-section (3) prescribes parallel factors for dependants under Section 22, including the net value of the estate, the debts of the deceased, and the past relations between the parties.
Under Section 23, the calculation of maintenance has evolved from subjective guesswork into a rigorous financial inquiry. Courts evaluate income tax returns, lifestyle expenditures, credit card spending, and asset ownership disclosed in mandatory affidavits. Maintenance is structured to ensure that the claimant is not driven to destitution and maintains a lifestyle reasonably comparable to that enjoyed in the matrimonial home.