IMPORTANT POINT
Under Section 24 of the Hindu Marriage Act, 1955, amount of maintenance fixed for the wife should be such as she can live in reasonable comfort considering her status and the mode of life she was used to when she lived with her husband and also that she does not feel handicapped in the prosecution of her case.

Headnote:(i) Hindu Marriage Act, 1955-Section 24-Maintenance to wife during pendency of proceedings-Section 24 cannot be read in isolation and cannot be given restricted meaning-Wife maintaining unmarried daughter-Wife s right to claim maintenance would include her own maintenance and that of her daughter.
       Held : Under the Hindu Adoptions & Maintenance Act, 1956 it is the obligation of a person to maintain his unmarried daughter if she is unable to maintain herself. In this case since the wife has no income of her own, it is the obligation of the husband to maintain her and her two unmarried daughters one of whom is living with wife and one with him. Section 24 of the Act no doubt talks of maintenance of wife during the pendency of the proceedings but this section, in our view, cannot be read in isolation and cannot be given restricted meaning to hold that it is the maintenance of the wife alone and no one else. Since wife is maintaining the eldest unmarried daughter, her right to claim maintenance would include her own maintenance and that of her daughter. This fact has to be kept in view while fixing the maintenance pendente lite for the wife. We are aware of the provisions of Section 26 of the Act providing for custody of minor children, their maintenance and education but that section operates in its own field. (Para 6)
       (ii) Hindu Marriage Act, 1955-Sections 24, 26-Maintenance-Fixing amount of-Court has to consider status of parties, their respective needs, capacity of husband to pay etc.-Amount of maintenance fixed for wife should be such as she can live in reasonable comfort considering her status and mode of life she was used to when she lived with her husband.
       Held : Wife has not claimed any litigation expenses in this appeal. She is aggrieved only because of the paltry amount of maintenance fixed by the Courts. No set formula can be laid for fixing the amount of maintenance. It has, in very nature of things, to depend on the facts and circumstances of each case. Some scope for liverage can, however, be always there. Court has to consider the status of the parties, their respective needs, capacity of the husband to pay having regard to his reasonable expenses for his own maintenance and those he is obliged under the law and statutory but involuntary payments or deductions. Amount of maintenance fixed for the wife should be such as she can live in reasonable comfort considering her status and the mode of life she was used to when she lived with her husband and also that she does not feel handicapped in the prosecution of her case. At the same time, the amount so fixed cannot be excessive or extortionate. (Para 8)
       (iii) Hindu Marriage Act, 1955-Sections 24, 26-Maintenance pendente lite-Divorce proceedings initiated by husband-Wife was awarded Rs. 2,500/- as expenses of litigation and maintenance the rate of Rs. 1000/- p.m.-Writ petition-High Court enhanced maintenance to Rs. 1,500/- p.m.-Wife s appeal against award of paltry amount of maintenance-Parties were married in 1963-Husband retired as Lt. Colonel in 1986-Divorce petition filed in 1989-Four children-Eldest daughter, 34 years old, unmarried living with her mother-Two sons and a daughter living with father-Diverse claims made by parties, one inflating the income and the other suppressing-Annual income of husband estimated at Rs. 2,40,000/- wife having no fixed abode of residence-Maintenance fixed at rate of Rs. 5,000/- p.m. payable by husband to wife-From which date wife would be entitled to claim enhanced amount of maintenance pendente lite?-Held, on facts, from date of impugned order of High Court which was 16.10.1996.
       Held : If wife has no source of income it is the obligation of the husband to maintain her and also children of the marriage on the basis of the provisions contained in the Hindu Adoptions and Maintenance Act, 1956. Her right to claim maintenance fructifies on the date of the filing of the petition for divorce under the Act. Having thus fixed the date as the filing of the petition for divorce it is not always that the Court has to grant the maintenance from that date. The Court has discretion in the matter as to from which date maintenance under Section 24 of the Act should be granted. The discretion of the Court would depend upon multiple circumstances which are to be kept in view. These could be the time taken to serve the respondent in the petition; the date of filing of the application under Section 24 of the Act; conduct of the parties in the proceedings; averments made in the application and the reply thereto; the tendency of the wife to inflate the income out of all proportion and that of the husband to suppress the same; and the like. There has to be honesty of purpose for both the parties which unfortunately we find lacking in this case. We are therefore of the opinion that ends of justice would be met if we direct that maintenance pendente lite as fixed by this judgment to be payable from the date of impugned order of the High Court which is October 16, 1996. (Para 9)
       (iv) PRACTICE AND PROCEDURE -Appeal-It is not proper or even justified on part of appellant to implead the courts as respondents. (Para 3)

JUDGMENT

D.P. Wadhwa, J.-Leave granted.

2. This is wife s appeal against the judgment dated October 14, 1996 of the High Court of Judicature at Allahabad. She is aggrieved by the impugned judgment under which she was awarded maintenance pendente lite under Section 24 of the Hindu Marriage Act, 1955 (for short the Act ) at the rate of Rs. 1500/- per month. On an application filed by the wife in the trial Court in proceeding for divorce initiated by her husband, respondent No. 3 herein, she was awarded Rs, 2,500/- (Rupees two thousand and five hundred only) as expenses of litigation and maintenance pendente lite at the rate of Rs. 1000/- per month. Her revision before the District Judge Dehradun against this order was dismissed. She further filed writ petition under Article 227 of the Constitution of India in the High Court. By the impugned judgment the High Court enhanced the maintenance to Rs. 1500/- per month.

3. Respondents 1 and 2 in this appeal are respectively the District Judge, Dehradun and the Additional Civil Judge (IInd), Dehradun who are described as proforma respondents. It is not proper or even justified on the part of the appellant to implead the courts as respondents and respondents 1 and 2 are, therefore, struck off from the record of this appeal.

4. Parties were married on October 2, 1963. The husband at that time was an army officer. He retired as Lt. Colonel on August 10, 1986. On September 28, 1989 he filed the petition for divorce against his wife under Section 13 of the Act on the alleged grounds of cruelty and desertion. He stated that within two years of the marriage the wife started creating problems for him and she persisted in her behaviour right till the year 1989. In this span of 26 years in their married life, they have become the parents of four children, two sons and two daughters. Eldest daughter who is 34 years old and unmarried is living with her mother who maintains her. Second child is son who is working with Mukul Overseas Pvt. Ltd. on a monthly salary of Rs. 7500/- per month and is living in a house in Safdarjung Enclave in New Delhi. Third child is a daughter aged 26 years. She is also unmarried and unemployed and is living with the father. Fourth child is a son of 20 years of age, he is unemployed and had studied upto 11th class. Husband says that being head of the family he is to maintain two sons and a daughter as they are dependent on him. His claim is that he is presently having a meagre salary of Rs. 5000/- per month and is employed as consultant/adviser with M/s. Mukul International Private Limited. Both Mukul Overseas (P) Ltd. and Mukul International (P) Ltd. belong to same group.

5. After retirement from the army, respondent-husband joined the Oil and Natural Gas Commission (ONGC) as a Director and was posted at Dehradun. He retired from that post on August 21, 1995. Thereafter from January 1, 1996 husband is working with M/s. Mukul International Pvt. Ltd. as aforesaid. After deduction of Income-tax at source, husband says he is getting an amount of Rs. 4700/- per month. Husband admits that he has a house in NOIDA which was on rent with the army and lease was terminated by letter dated January 29, 1996 from the Ministry of Defence. He says repairs are being carried on in the house and presently he is living with her eldest son in his house. He further says he is not getting any pension as on his permanent absorption in ONGC, he had opted to receive lumpsum amount in lieu of pension and prorata gratuity amounting to Rs. 2,60,456/-. In addition the husband also received an amount of Rs. 55,775/- on account of D.C.R. Gty. Husband has also filed his computation of taxable income for the assessment years 1992-93, 1995-96 and 1996-97. He has though not filed any assessment order. Since he retired from ONGC in August, 1995 it would be appropriate to see his computation of taxable income for the year ending March 31, 1995. His gross salary income is Rs. 1,88,281/- and after ded

Click Here to Read the rest of this document