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IN THE HIGH COURT OF DELHI AT NEW DELHI
ANIL KSHETARPAL, HARISH VAIDYANATHAN SHANKAR
Yashwani Verma – Appellant
Versus
Virender Verma – Respondent
| Table of Content |
|---|
| 1. details regarding marriage and the circumstances leading to the appeal. (Para 5 , 6) |
| 2. contentions presented by both parties regarding financial status and maintenance. (Para 7 , 8 , 9) |
| 3. judicial analysis on the application of section 24 and entitlement. (Para 11 , 12) |
JUDGMENT :
CM APPL. 30959/2023 (for condonation of delay)
2. For the sufficient reasons stated in the application, the delay is condoned.
MAT. APP. (F.C) NO.174/2023
FACTS OF THE CASE:
I. The matrimonial alliance between the Appellant and the Respondent was solemnised on 22.03.1978 at 4, Cavalry Lines, The Mall, New Delhi, in accordance with Hindu rites and sacraments. Subsequently, two sons were born out of the said wedlock, namely Himavan Verma and Vikas Verma, born on 24.11.1980 and 11.05.1986, respectively.
III. The Respondent, aged around 73 years, was formerly employed with Reliance Communication, where he served until his retirement in the year 2017. It is stated that, owing to the financial collapse and insolvency of the said company, he was deprived of his retiral benefits, including pension and final settlement dues. The Respondent contends that he is unemployed, and is devoid of any independen
The court established that financial independence negates the need for interim maintenance under Section 24 of the Hindu Marriage Act.
A spouse's capacity to earn does not negate maintenance entitlement; both parents share the responsibility for child's welfare and upbringing.
The wife is entitled to an enhancement of maintenance based on the husband's income and the wife's financial situation. The court emphasizes the need for timely disposal of maintenance applications a....
Interim maintenance – Sustenance of a woman does not and cannot mean mere survival – A woman, who is constrained to leave matrimonial house should not be allowed to feel that she has fallen from grac....
(1) A dead marriage can be dissolved by Supreme Court by exercising discretionary power under Article 142 of Constitution.(2) Permanent alimony – Amount of permanent alimony should not penalize husba....
(1) Enhancement of interim maintenance – Family Court does not become functus officio after withdrawal of divorce petition and it can decide applications filed under Sections 24 and 26 of HMA, 1955 e....
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