By / Last Modified on August 25, 2023
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Section 23 of HAMA: Amount of maintenance

(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 considerations set out in sub-section (2) or sub-section (3), as the case may be, so far as they are applicable.

(2) In determining the amount of maintenance, if any, to be awarded to a wife, children or aged on 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 claimants property and any income derived from such property, or from the claimant’s own earnings 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 dependent 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.

Bullet Points on Section 23 HAMA:

  • The court has discretion to decide the amount of maintenance under this Act and considers factors in sub-section (2) or (3).
  • When determining maintenance for a wife, children, or aged or infirm parents, the court considers:
    • Parties’ positions and statuses.
    • Claimant’s reasonable needs.
    • Justification for living separately.
    • Claimant’s property value, income, and other sources.
    • Number of entitled claimants.
  • When determining maintenance for a dependent, the court considers:
    • Net value of the deceased’s estate after paying debts.
    • Provisions in the deceased’s will.
    • Relationship degree.
    • Dependant’s reasonable needs.
    • Past relations between the dependant and the deceased.
    • Dependant’s property value, income, and other sources.
    • Number of dependants entitled to maintenance.
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