A well-qualified, able-bodied husband cannot claim interim maintenance from the wife without demonstrating financial dependency or exceptional circumstances, especially when unemployment is due to personal misconduct.

JUDGMENT :

Prafulla S. Khubalkar, J.

RULE. Rule is made returnable forthwith and heard finally with the consent of the learned counsel for the parties.

2. This petition highlights the issue of a husband’s entitlement to claim interim maintenance from his wife despite he being well qualified and capable of securing employment. The petitioner wife has sought indulgence of this Court under Article 227 of the Constitution of India by way of instant petition challenging the order dated 17.07.2025 passed by the Family Court, Nagpur directing her to pay maintenance pendente lite of Rs.5,000/- per month along with litigation expenses of Rs.25,000/-.

3. The petition arises out of a matrimonial discord amongst the husband and wife who are contesting the matrimonial litigations of divorce petition, domestic violence proceedings and dispute about custody of their children. The challenge in the instant petition is to an order passed by the Family Court on an application under Section 24 of the HINDU MARRIAGE ACT , 1955 (for short, ‘the Act of 1955’) at Exhibit 15 in the proceedings for divorce which is registered as A-508 of 2020 filed by the husband. The petitioner and respondent were married on 19.02.2012 according to Hindu rites and customs. Disputes arose in the matrimonial life and in the year 2020, the husband filed the petition seeking dissolution of marriage alleging cruelty by the wife,in which both parties have levelled several allegations about cruelty and harassment against each other.

4. In this petition, the husband filed an application for maintenance pendantelite of Rs.15,000/- per month along with Rs.7,500/- for rent and litigation costs of Rs.25,000/- from the wife. The wife strongly opposed the application by categorically stating that the husband is an able bodied and well qualified person having worked as Engineer with Indian railways and is in a position to maintain himself by securing a suitable employment. It was pointed out that the husband was engaged in several acts of harassment to the wife and their children and the application seeking maintenance is an instance of such harassment. After considering the contentions of the parties, the learned Judge, Family Court, Nagpur allowed the application by order dated17.07.2025 directing the wife to pay interim maintenance of Rs.5,000/- per month from the date of the application till final disposal of the petition on or before 10^th day of every month along with litigation expenses of Rs.25,000/-. Feeling aggrieved by this order, the wife has invoked the jurisdiction of this Court under Article 227 of the Constitution of India.

5. Shri J.M. Gandhi, learned counsel for the petitioner-wife strenuously submitted that the approach adopted by the Family Court in ignoring the purport of the provision of Section 24 of the Act of 1955 is perverse. He submitted that the husband has failed to demonstrate that he was unable to maintain himself and there existed no grounds, much less any exceptional circumstances establishing that he was in need of interim maintenance and litigation expenses. He submitted that the husband is a well qualified person who had worked as an Assistant Engineer-Group-A Officer in the Indian Railways from 2006 to 2019 and although terminated on account of misconduct, is an able bodied person who is able to maintain himself. He submitted that wife although a government servant is maintaining herself and their two children born out of the wedlock and is residing in a rented premises with the support of her parents. It i