The Orissa High Court has held that the courts are entitled to grant maintenance above what a woman initially asked for if the situation calls for it.

The judgment makes clear that according to the Hindu Marriage Act, of 1955, a court of law can determine a reasonable and just maintenance order by taking into account both the dependent's need and the economic condition of the payer. 

As reported by live law drawing on judicial discretion, the bench stressed, "The judicial discretion must be exercised to provide a fair and just maintenance amount, considering the dependent's actual needs and the payer's financial capability, even if the claim was initially understated."

The case was that of a sixty-year-old lady who did not have an independent income and was dependent on meager government assistance, getting only ₹500 per month under a welfare scheme and 5 kg of free rice. Finding it difficult to meet her daily and medical needs, she approached the court for enhancement of her maintenance from ₹1,500 to ₹7,000 per month under Section 25(2) of the Hindu Marriage Act.

After evaluating her requirements and the financial status of her husband, the Family Court in Rourkela increased the maintenance to ₹10,000 a month—above what she had initially sought. The husband, protesting this order, challenged it in the High Court.

The Orissa High Court affirmed the ruling, solidifying that courts may grant maintenance greater than the amount sought if situations call for it. The case emphasizes the need to provide equitable financial assistance, especially for those who cannot take care of themselves.

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