The right to interim maintenance under Section 24 of the Hindu Marriage Act cannot be denied to the wife during the pendency of the Petition for declaration of nullity of marriage, regardless of her employment status or previous settlements with ex-husbands.

1. Rule. Rule is made returnable forthwith. Heard finally, by consent of learned counsel for the Petitioner and Respondent.

2. This Writ Petition is filed against the order dated 26th May 2017 passed by Family Court No.4, Mumbai, below Exhibit-20 in Petition bearing No.A-No.630 of 2014, thereby rejecting the Petitioner-wife’s prayer for interim maintenance.

3. The facts of this Writ Petition are to the effect that, according to the Petitioner, her marriage with the Respondent was solemnized on 27th April 2009. Thereafter, she was residing with the Respondent and out of the wed-lock, one daughter by name 'Aarna' is born, who is at present studying in the school. Thereafter, on account of the cruelty meted out to her and being driven out of the matrimonial house, she has to reside separately with her parents and she has no source of income to maintain herself and her daughter. It is her case that, monthly expenses of her daughter amounts to Rs.20,000/-, which includes education, food, clothing, extra-curricular activities etc. Respondent is, therefore, bound to bear the expenses of maintenance of the Petitioner and their daughter. He is also having sound financial position, as he is employed in Allied Digital Service Private Limited, Mhape, Vashi, since August 2004 and his monthly income is not less than Rs.45,000/-. Additionally, he has huge investments and his total income therefrom is Rs.70,000/- per month. Further, he is having two flats in his name; one is in Mulund (West) and the other at Wagle Estate, Thane. His brother is also having one property at Kasarvadavli, Thane (West).

4. As against it, it was the contention of the Petitioner that, she has no source of income and totally depending on the Respondent to maintain herself and her daughter and, therefore, she claimed interim maintenance at the rate of Rs.30,000/- per month for herself and Rs.20,000/- per month for her daughter.

5. This application came to be resisted by the Respondent-husband denying all the adverse allegations made in the application and contending, inter alia, that, the Petitioner was already married to one Yogesh Pandey and she has not got the said marriage dissolved till date. She has filed Petition for divorce by mutual consent with Mr. Yogesh Pande bearing P.A. No.216 of 2014, which she has voluntarily withdrawn on the pretext that she has taken customary divorce on the stamp-paper and it is notarized. However, that is not a legal divorce and in such situation, she cannot be called as a legally wedded wife of the Respondent. Therefore, she cannot be entitled to get any amount of maintenance.

6. Further, it was submitted that, the Petitioner is a working woman. She was doing job with 'Uni Desine' at Andheri, Mumbai and at present also, she is working with 'Rediam Diamond Company' at Kopar-Khairane as ‘Jewelery Designer’ and getting salary of Rs.22,000/- per month. Therefore, she is able to maintain herself. As regards his own income, Respondent contended that, though he is working with 'Allied Digital Services Private Limited' since the year 2004, he is getting salary of Rs.13,844/- per month only. His salaryslip to that effect of November 2014 was also produced. He has denied about the additional income from the investments and also having the properties.

7. As to the maintenance to the daughter, Respondent has submitted that, he is ready to pay interim maintenance at the rate of Rs.2,500/- per month for the daughter and even ready to have her permanent custody also.

8. On this application, the Family Court, vide its initial order dated 22nd April 2015, granted interim maintenance at the rate of Rs.2,500/- per month to the daughter, considering her school expenses; however, denied interim maintenance to the Petitioner-wife on the count that, she has obtained Rs.1,00,000/- towards full and final settlement by way of permanent alimony from her ex-husband. Moreover, she is a Graduate lady and said to be working. Her possession in the house of Re