Court : High Court of Delhi
Decision Date: 15th March, 2004
Brief: While deciding maintenance out of total net income of dominant earning spouse, 2 portions to earning spouse and 1 portion each to other dependents. Valid if one of the spouses not working.
"The court must first arrive at the net disposable income of the Husband or the dominant earning spouse. If the other spouse is also working these earnings must be kept in mind. This would constitute the Family Resource Cake which would then be cut up and distributed amongst the members of the family. The apportionment of the cake must be in consonance with the financial requirements of the family members.In my view, a satisfactory approach would be to divide the Family Resource Cake in two portions to the Husband since he has to incur extra expenses in the course of making his earning, and one share each to other members."