#interim maintenance under HMA

[seemabhatnagar]

Dowry, Divorce and Dilemma: A legal battle of a woman

Anupati Rajesh v. Peruboina Anusha Sai

CRP 3352/2023

Before High Court of Andhra Pradesh

Revision Petition was dismissed by Hon’ble Madam Justice B S Bhanumathi J on February5, 2024.

Revision Petition is filed by the Petitioner-Husband, under Article 227 of the Constitution of India, challenging the order of date17.10.2023 passed by Principal Senior Civil Judge, Rajampet, on the petition of the Respondent-Wife filed U/s 24 of the Hindu Marriage Act(HMA), directing the Petitioner-Husband to pay the arrears of maintenance amounting to Rs.5,16,000/- to the Respondent-Wife else send him to prison.

Fact:

Contention of the Wife

Marriage was solemnized between the parties on 26.08.2018 at Sri Rajarajeswari Kalyanamandapam, Kadapa, as per the Hindu rites and customs.

At the time of marriage, the father of the Respondent-Wife gave Rs.6,00,000/- cash towards dowry & 20 tolas of gold ornaments to the Petitioner-Husband.

At the instigation of his mother and sister Petitioner-Husband started harassing the Respondent -wife or additional dowry of Rs.10,00,000/-.

Respondent-Wife’s parent took their daughter to their home for getting her appeared in the B.Sc Final year examination. Respondent was expecting at that time.

After her examination parents of the Respondent-wife asked Petitioner-Husband to take her wife back, he refused & said he is going to perform second marriage.

Several Mediations were held but of no result.

Respondent wife gave birth to the male child. The child by birth was suffering from Urine problem. Parents of the respondent spent Rs.2,50,000/- on the treatment of the new born.

Petitioner husband & his parents didn’t spent any penny towards treatment of the new born.

Doctor advised surgery to the child. Respondent wife asked Petitioner husband to return gold ornaments as she didn’t have any other source.

Petitioner-Husband remained silent.

Consequently, FIR was lodged by the Respondent wife u/s 498A IPC Read with Section 3 & 4 of the Dowry Prohibition Act.

Charge sheet was submitted in the case by the police.

Respondent -wife also filed application for maintenance before Judicial Magistrate First Class, Railway Kodur in the year 2020 praying Rs30,000/- per month to her & Rs.20,000/- to her son, both cases are pending.

As she has no means to earn her livelihood.

The petitioner’s earning is Rs.60,000/- per month from salary and he owns a house worth Rs.30,00,000/- near railway station at Nandalur besides house sites at Kotha Madhavaram and near Chennur bridge.

Respondent Husband filed case for dissolution of marriage which is being contested by the Respondent-Wife.

Contention of the Respondent-Husband

Respondent-Wife application/s 24 for maintenance during the pendency of the divorce petition.

In his reply Petitioner-Husband denied all the averment of the wife and alleged that she went to her parents home and refused to lead a marital life.

The father of the Respondent is police Constable and using his influence Respondent has filed 3 cases against him.

The present case u/s24 of Hindu Marriage Act is not maintainable & ought to be dismissed.

Trial Court’s Order

After hearing the parties, the Trial Court allowed Respondent wife Payment of Rs.20,000/- per month during the pendency of the Section-24 application from the date of the petition.

Petitioner was also directed to pay arrears of maintenance within 30 days from the date of the order, and future maintenance on or before 5th of every succeeding month.

Present Revision Petition before Andhra High Court

Aggrieved by the order of the Trial Court Petitioner-husband filed Revision Petition before the High Court

Contention of the Petitioner-Husband before High Court

Without filing the statement of assets and liabilities and further when the respondent herself deserted the petitioner and yet seeking maintenance, wherefore, she is not entitled to claim any interim maintenance.

Without there being any evidence of income of the petitioner, the Court below granted interim maintenance of exorbitant amount, which is unsustainable.

Court below erred in allowing the Interim Maintenance.

Contention of the Respondent-Wife before High Court

Petitioner-Husband has not raised any objection before the trial Court about the statement to be filed nor did he file any such statement.

The petitioner herein did not dispute his income in the counter filed by him before the Court Below.

Trial Court after considering the facts and allegations submitted on both sides, passed the interim Maintenance order in Section 24 application & it does not require any interference.

Observation of the High Court

Point-1 Non filing of the statement of income by the wife

The petitioner has not raised any objection that the interim order cannot be granted in view of non-filing of such a statement by the respondent.

As such, the trial Court had no opportunity to decide on that aspect.

The petitioner therefore on this count can’t contend that the order is illegal.

Point-2 No document in support of the income of the Respondent filed

The petitioner in his counter did not specifically deny his earnings.

He merely stated that the respondent-wife did not file any proof in support of the income stated in the petition.

Therefore, the Trial Court has rightly taken the earning capacity of the revision petitioner into consideration while fixing the quantum of maintenance.

Pint-3 Desertion by the Respondent Wife

The question of desertion by the respondent-wife, is a matter of enquiry and prima facie there is no material on record to support the contention of the petitioner, that the respondent herself deserted the petitioner as contended.

[evinayak]

Court may ask U 2 disclose #EVERYthing from #watch & #perfume used when wife seeks #moolah !!

If your Wife files a maintenance case on you, you may be forced by the court to disclose everything from the brand of perfume you use, the brand of watch you wear, details of all movable and immovable property you have, details of your income, details of the debit & credit cards that you have etc etc !!! Try telling this to any person trying to get married and he will laugh at you as if you are in idiot. He will call you a loser, he will call you a loner, and talk to you as if you do not have manhood😞😞 !! The Same young man will later realise the truth, but it will be very late by then 😳😳

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////// 15.4 This Court is of the view that the format of affidavit of assets, income and expenditure provided in Form 16-A of Appendix E of the Code of Civil Procedure is not comprehensive to discover the complete income, assets and expenditure of the parties in matrimonial litigation and therefore, there is a need to formulate a comprehensive affidavit of assets, income and expenditure. Puneet Kaur v. Inderjit Singh Sawhney, 2011 (183) DLT 403

16. In Puneet Kaur v. Inderjit Singh Sawhney (supra), this Court, while dealing with Section 24 of the Hindu Marriage Act, directed both the parties to file detailed affidavits of their assets, income and expenditure. The relevant portion of the said judgment is held as under:

7. ...both the parties are directed to file their respective affidavits of assets, income and expenditure from the date of the marriage up to this date containing the following particulars:--

7.1 Personal Information (i) Educational qualifications. (ii) Professional qualifications. (iii) Present occupation. (iv) Particulars of past occupation, (v) Members of the family. (a) Dependent. (b) Independent. 7.2 Income (i) Salary, if in service. (ii) Income from business/profession, if self employed. (iii) Particulars of all earnings since marriage. (iv) Income from other sources:-- (a) Rent. (b) Interest on bank deposits and FDRs. (c) Other interest i.e. on loan, deposits, NSC, IVP, KVP, Post Office schemes, PPF etc. (d) Dividends. (e) Income from machinery, plant or furniture let on hire. (f) Gifts and Donations. (g) Profit on sale of movable/immovable assets. (h) Any other income not covered above. 7.3 Assets (i) Immovable properties:-- (a) Building in the name of self and its Fair Market Value (FMV):-- - Residential. - Commercial. - Mortgage. - Given on rent. - Others. (b) Plot/land. (c) Leasehold property. (d) Intangible property e.g. patents, trademark, design, goodwill. (e) Properties in the name of family members/HUF and their FMV. (ii) Movable properties:-- (a) Furniture and fixtures. (b) Plant and Machinery. (c) Livestock. (d) Vehicles i.e. car, scooter along with their brand and registration number. (iii) Investments:-- (a) Bank Accounts - Current or Savings. (b) Demat Accounts. (c) Cash. (d) FDRs, NSC, IVP, KVP, Post Office schemes, PPF etc. (e) Stocks, shares, debentures, bonds, units and mutual funds. (f) LIC policy. (g) Deposits with Government and Non-Government entities. (h) Loan given to friends, relatives and others. (i) Telephone, mobile phone and their numbers. (j) TV, Fridge, Air Conditioner, etc. (k) Other household appliances. (l) Computer, Laptop. (m) Other electronic gadgets including I-pad etc. (n) Gold, silver and diamond Jewellery. (o) Silver Utensils. (p) Capital in partnership firm, sole proprietorship firm. (q) Shares in the Company in which Director. (r) Undivided share in HUF property. (s) Booking of any plot, flat, membership in Co-op. Group Housing Society. (t) Other investments not covered by above items. (iv) Any other assets not covered above. 7.4 Liabilities (i) OD, CC, Term Loan from bank and other institutions. (ii) Personal/business loan (a) Secured. (b) Unsecured. (iii) Home loan. (iv) Income Tax, Wealth Tax and Property Tax. 7.5 Expenditure (i) Rent and maintenance including electricity, water and gas. (ii) Lease rental, if any asset taken on hire. (iii) Installment of any house loan, car loan, personal loan, business loan, etc. (iv) Interest to bank or others. (v) Education of children including tuition fee. (vi) Conveyance including fuel, repair and maintenance of vehicle. Also give the average distance travelled every day. (vii) Premium of LIC, Medi-claim, house and vehicle policy. (viii) Premium of ULIP, Mutual Fund. (ix) Contribution to PPF, EPF, approved superannuation fund. (x) Mobile/landline phone bills. (xi) Club subscription and usage, subscription to news papers, periodicals, magazines, etc. (xii) Internet charges/cable charges. (xiii) Household expenses including kitchen, clothing, etc. (xiv) Salary of servants, gardener, watchmen, etc. (xv) Medical/hospitalization expenses. (xvi) Legal/litigation expenses. (xvii) Expenditure on dependent family members. (xviii) Expenditure on entertainment. (xix) Expenditure on travel including outstation/foreign travel, business as well as personal. (xx) Expenditure on construction/renovation and furnishing of residence/office. (xxi) Any other expenditure not covered above. 7.6 General Information regarding Standard of Living and Lifestyle (i) Status of family members. (ii) Credit/debit cards. (iii) Expenditure on marriage including marriage of family members. (iv) Expenditure on family functions including birthday of the children. (v) Expenditure on festivals. (vi) Expenditure on extra-curricular activities. (vii) Destination of honeymoon. (viii) Frequency of travel including outstation/foreign travel, business as well as personal. (ix) Mode of travel in city/outside city. (x) Mode of outstation/foreign travel including type of class. (xi) Category of hotels used for stay, official as well as personal, including type of rooms. (xii) Category of hospitals opted for medical treatment including type of rooms. (xiii) Name of school(s) where the child or children are studying. (xiv) Brand of vehicle, mobile and wrist watch. (xv) Value of jewellery worn. (xvi) Details of residential accommodation. (xvii) Value of gifts received. (xviii) Value of gifts given at family functions. (xix) Value of donations given. (xx) Particulars of credit card/debit card, its limit and usage. (xxi) Average monthly withdrawal from bank. (xxii) Type of restaurant visited for dining out. (xxiii) Membership of clubs, societies and other associations. (xxiv) Brand of alcohol, if consumed. (xxv) Particulars of all pending as well as decided cases including civil, criminal, labour, income tax, excise, property tax, MACT, etc. with parties name.

8. Both the parties are also directed to file, along with affidavit, copies of the documents relating to their assets, income and expenditure from the date of the marriage up to this date and more particularly the following:--

(i) Relevant documents with respect to income including Salary certificate, Form 16A, Income Tax Returns, certificate from the employer regarding cost to the company, balance sheet, etc. (ii) Audited accounts, if deponent is running business and otherwise, non-audited accounts i.e. balance sheets, profit and loss account and capital account. (iii) Statement of all bank accounts. (iv) Statement of Demat accounts. (v) Passport. (vi) Credit cards. (vii) Club membership cards. (viii) Frequent Flyer cards. (ix) PAN card. (x) Applications seeking job, in case of unemployed person.

9. The affidavit and documents be filed within a period of four weeks with an advance copy to opposite parties who shall file their response within two weeks thereafter.

11. Both the parties are directed to remain present in Court on the next date of hearing along with all original documents relating to their assets, income and expenditure."

17. Format of the affidavit of assets, income and expenditure.

17.1 This Court is of the view that a comprehensive affidavit of assets, income and expenditure should be filed by the both the parties at the very threshold in all matrimonial cases to enable the Courts to determine the maintenance on the basis of true income of the parties.

17.2 The affidavit of assets, income and expenditure by the parties at the very threshold of matrimonial litigation has following advantages:-

(i) The parties will have to disclose their true income, assets and expenditure. (ii) The maintenance order can be passed expeditiously without any delay on the basis of the affidavit. (iii) Substantial judicial time would be saved. (iv) The maintenance would be fixed by the Court on the basis of true income of the parties.

17.3 The learned amici curiae agree to the formulating of the format of the affidavit of income, assets and expenditure to be filed by the parties.

17.4 This Court has formulated the draft of the assets, income and expenditure to be filed by the parties at the very threshold in all matrimonial cases which is attached hereto as Annexure A.

///////

Kusum Sharma vs Mahinder Kumar Sharma on 14 January, 2015

Author: J.R. Midha

WITH

FAO 297/1997, MAT.APP. 47/2005, MAT.APP. 64/2007, MAT.APP. 33/2010, MAT.APP. 35/2010, MAT.APP. 124/2010 MAT.APP. 36/2012 & MAT.APP. 8/2013

[kanchankhatanaa]

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Under Criminal Law :

Complaint under Dowry Prohibition Act. Criminal complaint Under section 498A read with 406 of Indian Penal Code, 1860 and its Proceeding before CAW cell and Magistrate. Complaint under Protection of women from Domestic Violence Act 2005. Application under section 125 of Code of Criminal Procedure 1973 seeking maintenance by wife. In filing or defending Bail and anticipatory Bail at any level, before any court namely court of session or High Court and supreme court. In filing or defending various complaints under the various sections of Indian Penal Code as applicable in the particular case.

Under Civil/Family Law :

Application u/s 24 of HMA for seeking interim maintenance and expenses by the wife. Application u/s 9 of HMA for restitution of conjugal rights. Application u/s 10 of HMA for Judicial Separation. Petition for Divorce under various grounds mentioned under section 13 (1) & (2) and 13B of Hindu marriage Act viz. (i) on the ground of mutual consent (ii) Petition on the ground of cruelty, desertion, impotency, adultery etc. Petition for custody of children under provisions of Guardianship and Wards Act, 1955 Application u/s 12 of HMA for seeking a declaration of Marriage Void. Suit for partition of the joint property owned jointly by husband and wife.

[postolo]

Order passed under Section 20 of Hindu Adoption and Maintenance Act appealable, writ petition rejected in light of alternate remedy

Delhi High Court: A Single Judge Bench comprising of Rajiv Sahai Endlaw, J. rejected a petition filed a father against the order of Principal Judge (Family Courts) whereby he was directed to pay monthly maintenance to his daughter.

The petitioner was directed to pay a sum of Rs 11,000 as litigation expenses and Rs 10,000 as interim maintenance to his daughter every month. Aggrieved thereby, he preferred the present petition. The Court referred to Manish Aggarwal v. Seema Aggarwal, 2012 SCC OnLine Del 4816 wherein it was held that Section 24 to 27 of the Hindu Marriage Act, 1955 was appealable under Section 19(6) of the Family Courts Act, 1984.

It was held by the High Court that the reasons which prevailed in Manish Aggarwal for holding interim maintenance under Section 24 HMA to be appealable under Section 19(1) of the Family Courts Act equally apply to grant of interim maintenance under Section 20 of Hindu Adoption and Maintenance Act, 1956. Furthermore, once the legislature has prescribed a remedy of appeal, the principle that Writ Court should abstain from exercising jurisdiction when an alternative remedy is available comes into play. In light of the above, the petition was rejected. [Jayanti Prasad Gautam v. Pragya Gautam, CM(M) No. 140 of 2018, dated 19-09-2018]

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[chaitanyaah]

79 LAND MARK JUDGEMENTS OF RELIEF GIVEN TO VICTIMS WHERE MAINTENANCE DENIED TO THEIR CRUEL & GREEDY WIVES

 ક્રૂર અને લાલચી પત્નીઓને ભરણપોષણ ન ચૂકવવામાં આવ્યું હોય તેવા મહત્વના 79 ચુકાદાઓ  

1.  MUMBAI HIGH COURT  :  Dated 4 Feb 2005

Maintenance not granted as it is proved that wife wants to reside separately.

2.  MUMBAI HIGH COURT  : Dated Apr 2008.

Maintenance not granted as it is proved no reason to leave husbands.

3.  CHENNAI HIGH COURT  : Dated 21 June 2002

Maintenance Denied

4.  CHENNAI HIGH COURT  : Dated 21 Feb 2003

No Maintenance For Working Women

5.  MADHYA PRADESH HIGH COURT : Dated 24 March 2000

No Interim/Maintenance for Capable, Working Women

6. DELHI HIGH COURT  : Dated 28 July 2008

She was earning and she had not come to the Court with clean hands.

7. MADRAS HIGH COURT : Dated 22 Feb 2008

Wife Troubled -No Maintenance

8. SUPREME COURT  : Dated 23 March, 2009

SC Judgement on HMA24 - Wife working no maintenance

9. HIGH COURT OF P & H

Maintenance awarded in two sections to be offset

10. HIGH COURT OF ALLAHABAD

Old Parents, Maintenance reduced.

11. MUMBAI HIGH COURT: Dated 22 February, 2008

Perjury in 125 crPc

12. MADHYA PRADESH HIGH COURT: Madhuri Bai vs Minor Surendra Kumar And Anr. on 24 April, 1998

Child can claim maintenance u/s 125 from mother

13. MADRAS HIGH COURT: S.Chandra vs C.V.Sridharan on 21 February 2007

Claim alimony within 6 Months of Divorce

14. DELHI HIGH COURT: Sanjay Bhardwaj & Ors. vs The State & Anr. on 27 August, 2010

Unemployed man can not be forced to pay Maintenance

15. SUPREME COURT OF INDIA: Ines Miranda vs Santosh K Swamy dated 14 december 2010

TRANSFER PETITION – Payment to Husband

16. MUMBAI HIGH COURT : Dated  17 July, 1991

Same relief (maintenance)cannot be asked twice in two different courts

17. DELHI COURT : METROPOLITAN MAGISTRATE, NEW DELHI

Vexatious petition, maintenance,relief is declined

18. BOMBAY HIGH COURT :  Dated 14 March 2011

Perjury Judgement : Rigorous imprisonment for False Case

19. ADDITIONAL SESSIONS JUDGE (CENTRAL)TIS HAZARI COURTS, DELHI:  Dated  15 April 2011

Maintenance claim based on Affidavit dismissed

20. PUNJAB - HARYANA HIGH COURT: Dated  17 February 2011

Maintenance claim based on Affidavit dismissed

21. DELHI HIGH COURT

Husband Property Not Counted in Maintenance

22.  HIGH COURT OF P & H :  Dated 28 July 1961

Maintenance not based on Arthmetic Calculation

23. DELHI HIGH COURT  : Dated 1 September, 2010

Claim of high status of husband not sufficient for interim maintenance

24.  DELHI HIGH COURT  : Dated 30 August, 2010

Multiple Maintenance petitions are not allowed

25. SUPREME COURT OF INDIA : Dated 20 July, 2010

Reduced Intrim Maintenance

26.  SUPREME COURT OF INDIA : Dated  11 June, 1993

No Maintenance

27. MUMBAI HIGH COURT :  Dated  18 July, 2009

No Maintenance to Wife if RCR By Husband Suicceed

28. MUMBAI HIGH COURT

Permanent Alimoney Cancelled.

29. MUMBAI HIGH COURRT: Dated 2010

Income Tax and Maintenance

30. MUMBAI HIGH COURRT: Dated 18 November 2010

Income tax returns cannt decide Maintenance

31. MADHYA PRADESH HIGH COURT: Dated 29 August 1991

Challenging the rejected interim maintenance

32. PUNJAB HARYANA HIGH COURT: Dated 25 January, 2010

False affidavit, perjury procedure in 24 HMA

33. DELHI HIGH COURT  : Dated 7 September 2006

Divorce withdrawn – Maintance to be paid

34. DELHI HIGH COURT: Dated 16 November 2004

Father In Law not responsible for Residence

35. KARNATAKA HIGH COURT: Dated 22 September, 1992

Women to Prove ligitimacy of child for maintenance

36. CENTRAL INFORMATION COMMISSION

Bank Account Details and confidentiality

37. BOMBAY HIGH COURT: Dated  15 September, 2004

Return of Stridhan,Alimony and Hidding Past

38. GAUHATI HIGH COURT: Dated  23 April, 2004

Guardianship within 2 Months

39. DELHI HIGH COURT : Dated  9 March, 2010

Fine for Delaying tactics by Lawyer

40. CENTRAL INFORMATION COMMISSION

Central Information Commission - CIC Order in Passport Details

41. UTTARANCHAL HIGH COURT : Dated25 October 2010

No Maintenance u/s125Crpc for working Women

42. UTTARANCHAL HIGH COURT :  Dated  18November,2009

No Maintenance u/s Crpc 125 if wife deserts husband

43. DELHI HIGH COURT: Dated  22 September, 2010

Maintenance formula evolved by judges for wife and child – PWDVA

44. MADRAS HIGH COURT: Dated  20 November 2006

Mother is not always right person for custody

45. SUPREME COURT: Dated 2 March 2001

Rules for Child Custody

46. SUPREME COURT: Dated  23 March 2004

Illegitimacy of child is not with Family court

47. DELHI HIGH COURT: Dated  10 September 2008

No maintenance to Capable wife

48. MADRAS HIGH COURT: Dated  4 November 2006

Husband has to prove his Earning

49. SUPREME COURT OF INDIA: Dated  5 June 2007

Section 125 Cr.P.C.Proceedings under are civil in nature.

50. SUPREME COURT OF INDIA : Dated  15 December, 2006

Wife has no Right on Monther in Law's Property

51. KERALA HIGH COURT : Dated 10 December, 2010

Kerla HC accepts the easy misuse of DV

52. SUPREME COURT OF INDIA: Dated  9 November, 2010

Double jeopardy applies to same offence, not same facts

53. DELHI HIGH COURT : Dated  29 July, 2010

Family members of NRI husband cannot be accused in DV case

54. DELHI HIGH COURT : Dated  18 September, 2008

No maintenance to earning spouse

55. MADRAS HIGH COURT : Dated  10 January, 2003

Alimony can be granted even to an erring spouse

56.PUNJAB-HARYANA HIGH COURT : Dated  23 September, 2009

False case and Damage

57. ROHINI COURT - DELHI

False Dv and Women Failed to Prove it

58. ADDL. SESSIONS JUDGE NEW DELHI

Domestic Violence to be Proved

59. CENTRAL INFORMATION COMMISSION

3rd Party Passport Details are Allowed

60. SUPREME COURT OF INDIA : Dated  4 November, 1997

Habeas Corpus for Custody and Visitation

61. DELHI HIGH COURT : Dated  25 October, 2010

Petitioner must claim she is unable to maintain herself for relief of maintenance

62. ALLAHABAD HIGH COURT : Dated  25 March, 1976

Petitioner must claim she is unable to maintain herself for relief of maintenance

63. KARNATAKA HIGH COURT : Dated 13 February, 1980

She should prove that she is unable to maintain herself in addition to the facts that

her husband has sufficient means

to maintain her and that he has neglected to maintain her

64. KARNATAKA HIGH COURT : Dated  22 August, 2005

No maintenance for earning wife

65. DISTRICT COURT , SAKET, DELHI : Dated  18 Nov 2010

Employable wife not entitled to maintenance.

66. DISTRICT COURT , SAKET, DELHI : Dated 24 March 2008

An NRI wins an interim maintenance case

67. FAMILY COURT , HYDERABAD

Hyderabad Family court, unclean hands, no maintenance

68. DELHI HIGH COURT: Dated  17 April 2007

Conditions when maintenance to be paid

69. SUPREME COURT OF INDIA : Dated  11 January, 2011

All State Amendments in Sec. 125 are invalid

70. SUPREME COURT OF INDIA : Dated 17 February, 2006

Habeas Corpus for girl child custody to Father

71. SUPREME COURT OF INDIA : Dated 28 April, 2005

Habeas Corpus dismissed in Custody Appeal

72. SUPREME COURT OF INDIA : Dated  21 November, 2006

Custody to reMarried women

73. MADRAS HIGH COURT : Dated 25 January, 2006

Habeas Corpus on Custody to Father

74. MADRAS HIGH COURT : Dated 6 February, 2006

Habeas Corpus for Custody on Death

75. KERALA HIGH COURT : Dated  December, 2010

NBW cannot be issued for non payment of maintenance

76. CENTRAL INFORMATION COMMISSION

CIC – Income Tax Details of FIL are public

77. UTTARANCHAl HIGH COURT : Dated  17 March, 2011

HC Quash Maintenance

78. MUMBAI HIGH COURT :Dated  13 September, 1995

No multiple maintenance claims

79. SUPREME COURT OF INDIA : Dated  9 October, 1985

Magistrate can grant interim maintenance ?

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[seemabhatnagar]

Provision of Maintenance is not meant to create an army of idle people

Section 24 of HMA is not meant to create an Army of idle people waiting for a dole to be awarded by the other spouse. 

The provision of maintenance under the Criminal Procedure Code as well as under Hindu Marriage Act is meant to prevent vagrancy and it is only in respect of people who are unable to maintain themselves.

ABC v. XYZ

Mat. Appeal (Family Court) 248/2019 & CM APPL.20720/2022

Before Delhi High Court

 An application under Section 24* of the Hindu Marriage Act was filed by the Wife (*Maintenance Pendente lite and expenses of proceedings) during the pendency of the trial in the divorce proceedings. Wife an highly educated woman who was M. Phil and was working at the time of marriage and was also pursuing Ph.D. Later she completed Ph.D. (Management).

Background

The couple got married in the year 2014 but had compatibility issue so they couldn’t continue with their marital relationship and the respondent Husband filed for divorce. The divorce petition was withdrawn in February 2016 by the husband as a settlement was arrived between the couple. But few months after the withdrawal of the divorce petition appellant wife filed complaint on 06.05.2016 before the police station and the husband thereafter filed the Second Divorce Petition on 24.05.2016 under section 13(1) (ia) of the Hindu Marriage Act.

 The Principal Judge Family Court dismissed the section 24 petition of the wife in August 2018. Feeling aggrieved wife filed appeal before the Delhi High Court. Delhi High Court remanded the matter back to the Principal Judge Family Court for re adjudication in March 2019.

 The principal Judge Family Court re adjudicated the matter a fresh considered her qualification and the fact that she has been working even after marriage declined the application for maintenance pendete lite and expenses of the proceedings in September 2019.

 Feeling aggrieved wife approached Delhi High Court in appeal praying for interim maintenance @ of Rs.35000 per month and Rs.55000/- as litigation expenses.

 Submission of the Respondent Husband

1.    Appellant is not unemployed. She is working in the office of MP Udit Raj. Respondent Husband submitted a CD which showed the wife working in the office and also signing the attendance register.

 2.    When appellant wife was confronted with this fact by the Court, she said her friend is working at the office of MP Udit Raj and she often goes to meet her friend and whenever she is on leave, she in order to help her works at office.

 Observation of the Family Court

1.    It is difficult to accept that a highly educated women is not working.

2.    More so, she has not disclosed about her charity work in at her friend’s office in her petition. This is concealment of fact.

3.    Further it is also difficult to accept that she is working for charity.

 Observation of the Delhi High Court

1.    The documents and the admissions made by the appellant clearly lead to an irresistible conclusion that she is employed in the office of the M.P.

2.    This is a case where in addition to be qualified, the appellant has been working.

3.    There is no doubt a difference between “capacity” and “actual earning”, but here it is not a case where appellant had only the capacity but the document on record clearly points out that she has also been working.

4.    Section 24 of HMA is not meant to create an Army of idle people waiting for a dole to be awarded by the other spouse. 

5.    In the present case it is not only that the appellant is highly qualified and has an earning capacity, but in fact she has been earning, though has not been inclined to truthfully disclose her true. income. Such a person cannot be held entitled to maintenance.

6.    The claim for maintenance by the appellant under the provisions of Protection of Women against Domestic Violence Act has also met the same fate and the maintenance has been declined to her. 

 Order

The Division Bench of the Delhi High Court Comprising Hon'ble Mr. Justice Suresh Kumar Kait J and Hon'ble Madam Justice Neena Bansal Krishna J didn’t find any merit in the Appeal & it was dismissed on September 12, 2023.

Seema Bhatnagar

[kanchankhatanaa]

Best Family Law Advisor

Kanchan Khatana and Associates helps provides legal solutions for Matrimonial and Family Disputes. The firm advises its foreign and domestic clientele on all aspects of matrimonial and family matters when the matrimonial dispute leads to separation and partners wish to divorce, it brings with it many legal complications. Our team thoroughly understands the legal process around all the aforementioned complexities. Our team of lawyers make the entire process relatively smooth for you through a well-thought strategy. Matrimonial litigation following services are offered under civil and criminal Law for example: Under Criminal Law:

Complaint under Dowry Prohibition Act;

Criminal complaint Under section 498A read with 406 of Indian Penal Code, 1860 and its Proceeding before CAW cell and Magistrate;

Complaint under Protection of women from Domestic Violence Act 2005;

An application under section 125 of Code of Criminal Procedure 1973 seeking maintenance by wife;

In filing or defending Bail and anticipatory Bail at any level, before any court namely court of the session or High Court and supreme court;

In filing or defending various complaints under the various sections of the Indian Penal Code as applicable in the particular case;

Under Civil/Family Law:

Application u/s 24 of HMA for seeking interim maintenance and expenses by wife;

Application u/s 9 of HMA for restitution of conjugal rights;

Application u/s 10 of HMA for Judicial Separation;

Petition for Divorce under various grounds mentioned under sections 13 (1) & (2) and 13B of Hindu marriage Act viz. (i) on the ground of mutual consent (ii) Petition on the ground of cruelty, desertion, impotency, adultery etc.

Petition for custody of children under provisions of Guardianship and Wards Act, 1955

Application u/s 12 of HMA for seeking a declaration of Marriage Void;

Suit for partition of the joint property owned jointly by husband and wife;

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[evinayak]

Husband’s divorce DELAYED 18 years. Interm maint arrears 2 b paid n 1 week! Ok, I’m NOT making this up!

INDEPENDENCE DAY SPECIAL !! ********************** Husband's Divorce NOT decreed after 18yrs, YES 18 years. The husband's counsel says case NOT decreed after repeated orders by Hon High court. So one wonders as to what powers the high court has, if the family court which is within the same compound does NOT listen to Hon HC. However maintenance arrears ordered and husband asked to pay within ONE WEEK from date of order . Yes ONE WEEK !! Tell me why Why ppl still get married ? Is it JUST sex or is it also social pressure and stupidity ?? *********************

Excerpts

“…..The petitioner (husband) filed an Original Petition in O.P.No.69 of 1997 for divorce on the ground of cruelty way back in the year 1997. It is brought to the notice of this Court that even after nearly 18 years, the said Original Petition has not yet been disposed of. …..”

“………respondent/wife filed an application u/Section 24 of HMA, claiming interim maintenance. Family Court awarded Rs.3,000/- per month as interim maintenance to the respondent (WIFE) herein…………”

Now the Honourable HC orders : “….6.In those circumstances, the petitioner is directed to pay a sum of Rs.2,19,000/- to the respondent within a period of one week from the date of receipt of a copy of this order ….” and also orders speedy closure of the divorce case !!

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 04.06.2015

.......................... read rest of the Order at

https://vinayak.wordpress.com/2015/08/15/husbands-divorce-not-decreed-aftr-18yrs-but-maintenance-arrears-ordered-why-ppl-still-get-married/