The determination of maintenance allowance is not governed by rigid rules, but requires consideration of the status and living conditions of the parties, potentiality of income, and absence of inflexible formulas.

JUDGMENT

1. This is an application filed by the husband in Matrimonial Suit No. 496 of 2016 pending before the learned Additional District Judge, Fast Track 2nd Court in Howrah.

2. The petitioner is aggrieved by an order dated July 9, 2019 passed by the learned court below by which the learned court has directed the husband petitioner to pay Rs.15,000/- p.m. to the wife and the child from the date of filing of the application under Section 36 of the Special Marriage Act and also to pay a lump sum of Rs.15,000/- as litigation costs.

3. It is contended by the petitioner that the suit is for dissolution of marriage on the ground of adultery and as such the wife was not entitled to any maintenance. Rs.15,000/- was excessive, as an amount of Rs.1,00,000/- or more has already been withdrawn by the wife from the husbands bank account.

4. I have considered the order impugned and I find that the learned court has considered the monthly expenses of the daughter, who is a student of Class-VIII, by examining the fees structure etc. filed by the wife. The husband did not allege that the wife had any personal income. The husband is a Manager of HDFC Bank and earns Rs.55,000/- p.m. according to the wife. The husband/petitioner has failed to produce any document to show that his monthly income is less than Rs.55,000/-. Neither his income tax return nor his salary slip was filed for the court to rebut the contentions of the wife. As regards the withdrawal of Rs.1,00,000/- or more from the husbands bank account the learned court below held that the said point will be decided at the final hearing on trial.

5. It is also a fact that the wife is residing with her parents as a dependent and it is also stated in the application before the learned court below that the husband does not have any dependent.

6. In the absence of any proof to the contrary that the husband earns less amount than what the wife had stated before the learned court, the learned judge rightly directed payment of Rs.15,000/- per month towards maintenance of the daughter and the wife. The said amount is not excessive. The husband has not been able to show that his income was not sufficient in order to pay Rs.15,000/- to the wife.

7. It is also true that the said amount has been awarded keeping in view the status of the wife as the wife was living in her matrimonial home, being married to a manager of a well known Bank.

8. The expression 'maintenance' and 'support' had fallen for consideration in Rajesh Burman v. Mitul Chatterjee (Burman) reported in (2009) 1 SCC 398 , the Hon'ble Supreme Court in the said decision considered Sections 36 and 37 of the Special Marriage Act and upon examination of the said two expressions 'maintenance' and 'support' it was held as follows:-

'25. Reading the scheme of the Act, it is clear that a wife is entitled to 'maintenance and support'. In our considered opinion, the learned counsel for the respondent wife is right in submitting that the two terms 'maintenance' and 'support' are comprehensive in nature and of wide amplitude.

26. The term 'maintenance' is defined in Black's Law Dictionary (6th Edn., pp.953-54) thus:

'The furnishing by one person to another, for his or her support, of the means of living, or food, clothing, shelter, etc. particularly where the legal relation of the parties is such that one is bound to support the other, as between father and child, or husband and wife.'

Likewise, the word 'support' as defined in the said dictionary (p.1439) reads as under:

'That which furnishes a livelihood; a source or means of living; subsistence, sustenance, maintenance, or living. In a broad sense the term includes all such means of living as would enable one to live in the degree of comfort, suitable and become to his station of life. It is said to include anything requisite of housing, feeding, clothing, health, proper recreation, vacation, travelling expense, or other proper cognate purposes; also, proper care, nursing, and medical attendanc