The court established that the Family Court must analyze both parties' incomes under Section 24 of the Hindu Marriage Act when determining interim maintenance.

COMMON JUDGMENT

These writ petitions are heard finally with the consent of learned counsel for the rival parties.

(2) Both these writ petitions challenge order dated 23/10/2019 passed by the Family Court No.2, Nagpur, whereby an application filed by petitioners in Writ Petition No.7975/2019, under Section 24 of the Hindu Marriage Act, 1955, has been partly allowed. Writ Petition No.7975/2019 has been filed by the wife and children, being aggrieved by rejection of her claim of interim maintenance during the pendency of the divorce petition filed by her. Writ Petition No.1864/2020 has been filed by the husband, being aggrieved by grant of maintenance amount of Rs.20,000/- per month to each of the two children from the wedlock. The parties are being referred to in this judgment as per their status in Writ Petition No.7975/2019, for the sake of convenience.

(3) The petitioner No.1 and respondent got married on 29/01/2001 at Nagpur and they have two children. There was marital discord between the parties after some years of marriage, as a result of which legal proceedings were initiated by them against each other. Respondent had filed a divorce petition against the petitioner, which was dismissed in default in the year 2015 and the respondent did not file any appeal against the same.

The petitioner had initiated proceeding against the respondent under the provisions of the Protection of Women from Domestic Violence Act, 2005, which was dismissed, but an appeal against the same is pending before the Appellate Court. It is in this backdrop, that the petitioner filed a petition for grant of divorce against the respondent in the year 2017, under Section 13(1)(i)(i-a)(i-b)(iii) of the Hindu Marriage Act, 1955. In the said divorce petition the petitioner filed an application under Section 24 of the aforesaid Act for grant of interim maintenance during the pendency of the divorce petition, for herself and the two children.

The petitioner claimed a sum of Rs.4,00,000/- towards interim maintenance for herself and the two children. In the application for interim maintenance, the petitioner claimed that the respondent had various sources of income and that therefore, prayer made in the said application was justified.

(4) The respondent appeared before the Family Court and resisted the prayers made in the said application for interim maintenance. It was claimed that the house (apartment) in which the petitioner No.1 and children were living was provided by the respondent. It was further submitted that since he was taking care of the educational needs of the children and the petitioner was self sufficient, the aforesaid application for interim maintenance deserved to be dismissed. The parties filed affidavits and documents in support of their respective claims.

(5) By the impugned order dated 23/10/2019, the Family Court only partly allowed the application for interim maintenance filed under Section 24 of the aforesaid Act. The Family Court found that the petitioner had not approached the Court with clean hands as details of her financial status were not divulged at the outset before the Court and on this basis her claim was rejected. The Family Court found that the children deserved payment of interim maintenance @ Rs.20,000/- per month each and accordingly the application stood partly allowed.

(6) The petitioner filed Writ Petition No.7975/2019 challenging the said order. This Court issued notice 6 / 30 01-Judgment WP 7975.19 & 1864.20.odt in the said writ petition on 04/12/2019. On subsequent date of listing a grievance was raised on behalf of the petitioner that even the school fees of the children was not being paid and that the amount as directed by the Family Court to be paid to the children was also not paid. Thereafter, during pendency of the Writ Petition, the respondent paid the school fees. On 23/06/2020 i.e. after eight months of passing of the impugned order, the respondent filed Writ Petition No.1864/2020, before this Court challenging t