The potential earning capacity of a spouse should not be considered as independent income for the purpose of granting maintenance pendente lite under Section 24 of the Hindu Marriage Act.

DARSHAN SINGH, J.

1. The present civil revision petition under Article 227 of the Constitution of India has been preferred against the order dated 23.12.2015 passed by the learned Additional District Judge, Chandigarh, whereby the application under Section 24 of the Hindu Marriage Act, 1955 (for short 'Act') filed by respondent-wife has been allowed and the interim maintenance at the rate of Rs. 10,000/- per month and one time litigation expenses of Rs. 10,000/- have been granted.

2. Respondent-wife has filed an application under Section 24 of the Act for grant of maintenance on the grounds inter alia that she is legally wedded wife of the petitioner, who had deserted her without any reasonable cause. He has no source of income. She also does not have any movable or immovable property and is unable to maintain herself. The petitioner-husband is doing job in Multinational Company and is getting Rs. 8 lacs per annum. Thus, she has claimed the maintenance pendente lite to the tune of Rs. 25,000/- per month and Rs. 50,000/- towards litigation expenses.

3. The petitioner-husband contented the application on the plea that the respondent-wife is well educated and qualified as MBA. She is serving in ICICI Bank and is getting Rs. 25,000/- per month as salary. She is in a position to maintain herself and also to meet out the litigation expenses. Various other grounds were taken in the reply to oppose the application.

4. The learned Additional District Judge, allowed the application filed by the respondent-wife and award the interim maintenance at the rate of Rs. 10,000/- per month and one time litigation expenses amounting to Rs. 10,000/- from the date of the application.

5. I have heard Mr. N.L. Sammi, Advocate, learned counsel for the petitioner-husband and have meticulously gone through the paper book.

6. Initiating the arguments, learned counsel for the petitioner-husband contended that the respondent-wife has stayed only for a week in the matrimonial house. He contended that the respondent-wife has played a fraud and concealed the factum with respect to her mental sickness and disorder. He further contended that respondent-wife is an educated lady. She is MBA in finance and was employed with ICICI Bank and was getting salary at the rate of Rs. 25,000/- per month. He further contended that the copy of the income tax returns of the respondent-wife for the assessment year 2010-2011 and 2011-2012 show that she has sufficient income to maintain herself.

7. He further contended that as the respondent-wife is highly educated having a degree of MBA in finance, she is capable of earning her livelihood but she has intentionally left the job only to harass the petitioner-husband. As, she is capable of having independent income by getting the employment, she cannot claim the interim maintenance from the petitioner-husband. To support his contentions he has relied upon cases Sanjay Bhardwaj and Ors. v. The State and Anr, Cri.M.C No.491/2009, decided on 27th, August, 2010 (Delhi High Court), Smt. Mamta Jaiswal v. Rajesh Jaiswal, 2000(4) MPHT 457.

8. I have duly considered the aforesaid contentions.

9. The impugned order shows that earlier respondent wife was working, but now she was no more in service. Petitioner-husband has not placed on record any document to show that respondent-wife was still in job with ICICI Bank and was getting the salary at the rate of Rs. 25,000/- per month as alleged in the reply.

10. The plea that respondent-wife is an educated lady and can earn by getting employment is no reason to decline the maintenance pendente lite as at present, she is not having the sufficient income to maintain herself.

11. I have carefully gone through the cases cited at bar by learned counsel for the petitioner-husband. With due respect, I am unable to agree with the observations therein. As per Section 24 of the Act, a spouse will be entitled for maintenance pendente lite, if, he/she has no independent income sufficient for her or his suppor