Possession of qualifications alone cannot be a reason to deny interim maintenance, and the capability to earn does not automatically disqualify a spouse from maintenance.

JUDGMENT :

SANDEEP V. MARNE, J.

1. Rule. Rule made returnable forthwith. With the consent of the parties, matter is taken up for final hearing at the admission stage.

2. By this petition petitioner assails order dated 04.12.2019 passed by the Judge, Family Court, Jalgaon thereby rejecting petitioner’s application for grant of maintenance pendente lite under the provisions of Section 24 of the Hindu Marriage Act, 1955 (for short ‘the Act 1955’).

3. Petitioner has instituted Petition A-334/2019 before the Family Court, Jalgaon seeking annulment of marriage with respondent. In that application, she filed application at Exhibit-7 under Section 24 of the Act, 1955 for grant of interim maintenance. The Family Court has rejected the application essentially on two counts: that petitioner possesses higher qualifications and that on her social media status, she had made declaration to the effect that she had secured job in a company at London.

4. Appearing for petitioner Mr. Deshmukh the learned counsel would submit that mere possession of qualifications by petitioner could not have been a reason for denial of interim maintenance in the light of the position that petitioner is actually jobless. He would submit that capacity or ability to earn is different from actual earning. He would contend that petitioner has not been earning anything and despite the factum of absence of any job to petitioner being established before the Family Court, the application for interim maintenance has been erroneously rejected. In support of his contentions Mr. Deshmukh has relied upon judgment of the Supreme Court in Shailja and Another vs. Khobbanna, 2017 DGLS (SC) 419, Order of the Rajasthan High Court in Smt. Megha Khandelwa and Others vs. Rajat Khandelwal and Others, Criminal Revision No. 408/2018 decided on 12.04.2018 and Order of the Supreme Court dated 10.05.2019 upholding the order passed by the Rajasthan High Court.

5. So far as the declaration made by petitioner on social media is concerned, Mr. Deshmukh would contend that no material was placed on record by the husband to prove that petitioner actually received any employment or that she has been working in a particular company. He would submit that petitioner had randomly received an E-mail offering her job and she has made declaration about the same on the social media platform. On verification, the offer was found to be a sham. Mr. Deshmukh has further relied upon the affidavit of assets and liabilities filed by husband to contend that he has been earning monthly salary of Rs. 1,33,377.51/-.

6. Per contra, Mr. Nimbalkar the learned counsel appearing for respondent opposes the petition and supports the order passed by the Family Court. Relying on the judgment of Madhya Pradesh High Court in Mamta Jaiswal Vs. Rajesh Jaiswal, Mr. Nimbalkar would contend that if the wife is having ability and capability to earn, but sits ideal, she cannot be awarded maintenance. He submits that petitioner possesses qualification of Masters in Engineering and is in a position to easily earn a job for herself. That, therefore, no maintenance needs to be awarded to her. Referring to the printouts taken from the account of petitioner of Facebook and Whatsapp Mr. Nimbalkar would contend that petitioner was not only offered employment in UK base company having salary of 2000 pounds, but various reactions given by her to messages congratulating her would indicate that she had indeed accepted the job offer.

7. Mr. Nimbalkar would further contend that petitioner has unjustifiably withdrawn from the company of the husband within four months of marriage and has levelled reckless allegations of impotency against respondent. He would submit that respondent has no other person to maintain, as no child is born to the couple out of the said wedlock. He would further submit that the mother of petitioner is politically connected. That even petitioner has accepted certain political engagements indicating thereby she has sufficient sources