Lawstreet Journal

Amount Spent By Brother On Maintenance Of Divorced Sister Should Be Considered While Determining Maintenance Amount: Delhi HC

Lawstreet Journal 11 Jun 2022 9:02pm

Image courtesy: Lawstreet Journal Judiciary Amount Spent By Brother On Maintenance Of Divorced Sister Should Be Considered While Determining Maintenance Amount: Delhi HC

Recently, the Delhi High Court observed that a brother cannot be a mute spectator to his divorced sister's miseries, especially when she is in need of financial help.

(Sarita Bakshi vs. State & Anr.)

Hon'ble Justice Swarana Kanta Sharma said that in Indian culture, a brother and a sister have a deep sense of care towards one another.

The Court stated that,

"The affection shared by family members culminates into bonds and family members are the strongest support system of each other. In particular, the relationship between a brother and a sister has a deep sense of care towards one another. Festivals, norms and traditions in India are an affirmation and recognition of care, affection and responsibility of siblings towards each other."

Therefore, the court held that the amount spent by a man to support his divorced sister must be kept in mind while granting maintenance to his wife.

The Court said that,

"I am of the view that though the divorced sister can legally and morally claim maintenance from her husband, the respondent, at the same time, must be spending and is expected to spend some amount for his sister on special occasions and in case of any emergent need. Therefore, though while apportioning the income of the respondent (brother), one portion of income of the respondent cannot be apportioned to the sister, some amount as expenditure on yearly basis has to be kept aside for the divorced sister as moral obligation of the respondent."

Justice Sharma was… Continue Reading...


Tagged: Divorce   Wife Maintenance   Maintenance   Hon'ble Justice Swarana Kanta Sharma   Sarita Bakshi   Delhi High Court  
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