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2019 Supreme(P&H) 1890
IN THE HIGH COURT FOR THE STATES OF PUNJAB AND HARYANA AT CHANDIGARH
Raj Mohan Singh, J.
Inderjit - Appellant
Versus
Mona Yadav - Respondent
CR No. 4603 of 2018(O&M)
Decided On : 06-05-2019
Mr. Vikram Singh Yadav, Advocate, for the Appellant; Mr. Vishal Thakur, Advocate for Mr. Sudhir Rana, Advocate, for the Respondent
The moral obligation of a spouse to maintain their partner and child, and the consideration of day-to-day expenses for the child's welfare and development, are key legal principles established in this judgment.
Headnote:
Maintenance - Hindu Marriage Act - The court granted ad interim maintenance to the respondent and the child based on the financial status of the parties and the moral obligation of the petitioner to maintain his wife and child.
Fact of the Case:
The petitioner challenged the order granting ad interim maintenance to the respondent and the child under Section 24 of the Hindu Marriage Act. The parties were married, had a daughter, and were both employed. The petitioner claimed to have cleared arrears of maintenance, but the respondent did not attend court to verify this.
Finding of the Court:
The court found that both parties were employed and that the respondent wife was entitled to live as per the status of her husband. It emphasized the moral obligation of the petitioner to maintain his wife and child, and considered the day-to-day expenses for the child's welfare and development.
Issues: The main issue was the determination of ad interim maintenance for the respondent and the child, considering the financial status of the parties and the moral obligation of the petitioner.
Ratio Decidendi: The court's decision was influenced by the moral obligation of the petitioner to maintain his wife and child, the sufficiency of the respondent's income, and the day-to-day expenses for the child's welfare and development.
Final Decision: The revision petition was disposed of, affirming the grant of ad interim maintenance to the respondent and the child.
JUDGMENT
Raj Mohan Singh, J. - Petitioner has assailed the order dated 09.05.2018 passed by Additional District Judge, Rewari allowing the application under Section 24 of the Hindu Marriage Act thereby granting ad interim maintenance to the respondent and to the child @ Rs.20,000/- per month from the date of application and Rs.20,000/- towards litigation expenses.
2. The marriage between the parties was solemnized on 19.04.2013 according to Hindu rites and ceremonies. Out of the wedlock, a daughter namely Bhavika took birth on 28.01.2014 who is living in the company of the respondent wife. There is a matrimonial discord between the parties, resulting in filing of petition under Section 13 of the Hindu Marriage Act by the petitioner.
3. An application was filed by the respondent under Section 24 of the Hindu Marriage Act. Husband petitioner is serving as Assistant Professor in the Department of Bio-informatics, Punjab Agricultural University, Ludhiana and was drawing gross salary of Rs. 52,886/- per month in October 2016. Respondent wife is also serving as Assistant Master (Maths) in Sainik School, Rewari. Her salary w.e.f. April 2018 is approximately Rs.40,000/- per month.
4. Learned counsel for the petitioner submitted that the petitioner has cleared arrears of maintenance till the month of March 2019. However, this fact could not be verified by learned counsel for the respondent as the respondent has not attended the Court despite orders dated 20.08.2018, 14.11.2018 and 12.03.2019.
5. It will remain debatable issue whether gross salary of the petitioner has also increased after implementation of 7 th Pay Commission or not and the financial status as on date.
6. Evidently, both the parties are serving. Respondent wife is entitled to live as per status of her husband. Grant of maintenance pendente lite is not aimed to enrich any of the spouse, rather the same is made to prevent destitution and vagrancies. Daughter aged about 5 years is living in the company of the respondent. It is the moral obligation of the petitioner to maintain his wife and child. Wife is earning approximately Rs.40,000/- per month, sufficiency of income to maintain herself and the minor would be debatable as they are also entitled to live as per status of husband/petitioner. Maintenance of the child requires day to day expenditure towards health, education and overall personality of the child. Custody issue of the child including maintenance is a dynamic process and it keeps on changing with the passage of time. Increase in the age of the child would require increase in expenses as well. There cannot be any mathematical formula to assess contingent expenses for the welfare and up liftment of the minor prospects in terms of health, education and overall development.
7. Even if, it is found that respondent is a working woman and drawing salary of Rs.40,000/- per month approximately, the maintenance of Rs.20,000/- can be fixed for both for health, education and overall development of the child keeping in view the future prospects of the child and likely expenses to be incurred for living by the wife according to status of husband.
8. In view of aforesaid, this revision petition is disposed of.
