The Delhi High Court has delineated the position that in circumstances where both spouses possess equivalent qualifications and earn comparable incomes, the wife is not eligible for interim maintenance, as prescribed under Section 24 of the Hindu Marriage Act.
A divisional bench, comprised of Justice Suresh Kumar Kait and Justice Neena Bansal Krishna, has reaffirmed that the principal objective of Section 24 is to forestall either party from encountering financial adversity that may impede their effective participation in matrimonial legal proceedings owing to financial constraints.
Furthermore, the court has underscored that the provision for interim maintenance was originally instituted with the primary intent of facilitating either spouse in meeting the financial obligations associated with legal proceedings and ensuring their ability to maintain a reasonable standard of living during the pendency of such legal actions.
“The proceedings under Section 24 of the Act are not intended to equalize the income of both the spouses or to give an interim maintenance which is commensurate to maintain a similar life style as the other spouse as has been observed by this Court in the case of K.N. vs. R.G MAT. APP.(FC) 93/2018 decided on 12.02.2019.”
These legal observations were made within the framework of concurrent appeals initiated by both the husband and the wife in response to a family court\’s directive. The family court\’s order mandated the husband to provide monthly child maintenance of Rs. 40,000 while simultaneously disallowing any maintenance for the wife.
In his appeal, the husband sought a reduction in the amount allocated for child maintenance, whereas the wife, in her appeal, requested Rs. 2 lakhs as maintenance for herself and an increment in the child\’s maintenance from Rs. 40,000 to Rs. 60,000 per month. The marital union of the couple was solemnized in 2014, and their child was born in 2016. Subsequently, they underwent separation in 2020.
The court judiciously considered the fact that both the wife and husband possessed significant educational qualifications and professional backgrounds. The wife earned a monthly income of Rs. 2.5 lakhs, and the husband\’s income, when converted from USD 7134 to Indian rupees, was commensurate with her earnings.
“Though the husband may be earning in dollars, but it cannot be overlooked that his expenditure is also in dollars. He has explained that he has a monthly expense of about USD 7000 and is left with little money for saving. His calculations are duly supported by the documents,” the court said.
In contemplation of the respective financial capacities of the wife and husband, and in recognition of their shared legal obligation to provide financial support for the child, the court has issued a decision to amend the initial child maintenance amount from Rs. 40,000 to Rs. 25,000 per month.
