A husband is obligated to maintain his wife despite separation, and courts can grant interim maintenance based on claims of need without explicit requests in applications.

JUDGMENT :

Jyotsna Rewal Dua, J.

Petitioner, aged 76 years, is aggrieved against the order dated 15.12.2023 passed by the learned Family Court, granting interim maintenance at the rate of Rs.10,000/- per month to the respondent, aged about 70 years.

2. Facts:-

2(i). Respondent filed a civil suit on 01.11.2021 under Section 18 of the Hindu Adoption and Maintenance Act, 1956 against the petitioner. Her case was that:-

(a). Parties to the civil suit are legally married. Their marriage was solemnized about 54 years ago. They lived together as husband and wife. They were blessed with a daughter, who is now married.

(b). Few years after marriage, the petitioner became indifferent to the respondent. He brought a nother lady in his house despite protest by the respondent. Petitioner started maltreating and abusing the respondent without any reasonable cause. Ever since the year 1980, petitioner had been living at Chandigarh with the aforesaid lady. The two have a son and a daughter out of their relationship.

(c). Petitioner did not make any provision for maintenance of the respondent and her daughter despite his having sufficient sources of income. The respondent had been looking after and managing the landed property of the petitioner. She brought up, educated and got married her daughter by doing hard labour of her own. Petitioner did not care for their welfare. He had been leading a luxurious life with his new formed family at Chandigarh.

(d). Respondent has now become very old. She remains sick and suffers from several ailments & other old age related diseases. It has become very difficult for her to do any work. She has no source of income for her subsistence and day-to-day requirements. The petitioner has not made any provision of maintenance for her upkeep. Petitioner has neglected, deserted and treated the respondent with cruelty.

(e). Respondent is entitled for maintenance from the petitioner, who had been serving in Army . As a retired Armed Force personnel, the petitioner is getting a monthly pension of Rs.40,000/-. Besides this, the petitioner is a property dealer doing his business at Chandigarh and owns several buildings at Chandigarh. He has rented out some of his properties. The petitioner also has moveable and immovable properties in Village Kapahi, Tehsil Sundernagar, District Mandi. His income from all sources is more than Rs.3 Lakh per month.

Respondent also alleged that she had moved an application under Section 12 of the Protection of Women from Domestic Violence Act, 2005, which is pending disposal in the competent Court of Law. Alleging that the petitioner had not made any provision for maintenance of the respondent despite her repeated requests, prayer was made in the civil suit to direct the petitioner to pay her a sum of Rs.25,000/- per month as maintenance. Respondent also demanded a sum of Rs.5 Lakhs in lump sum w.e.f. the year 1980. Alongwith the civil suit, an application for grant of ad-interim injunction under Section 151 of the CIVIL PROCEDURE CODE was also moved.

2(ii). In the written statement, the petitioner admitted that marriage between the parties was solemnized in accordance with law. He, however, asserted that marriage had been dissolved with the consent of parties on 18.01.1975. The parties thereafter never lived together as husband and wife. Petitioner also admitted that he had been serving in Indian Army and superannuated in the year 1987. According to the petitioner, the respondent had been living separately after divorce. She had left her right of maintenance, hence, the petitioner was not responsible for her maintenance, though she was allowed to live in the old house in Village Ropari. Petitioner also denied the allegations of ill treatment made against him by the respondent. He denied that his monthly pension was Rs.40,000/- or that his monthly income was Rs.3 Lakhs.

2(iii). On consideration of the pleadings and the material on record, learned Family Court vide order dated 15.12.2023, granted