2023 Supreme(Del) 7711

DELHI HIGH COURT
KAMAL SINGH – Appellant
Versus
KANTA BANGARI – Respondent
MATAPP(FC)-243_2019

Overlapping jurisdiction of different Acts providing for maintenance and guidelines for grant of maintenance.

Headnote:

INTERIM MAINTENANCE - HINDU MARRIAGE ACT, 1955 - SECTION 24 - OVERLAPPING JURISDICTION - GUIDELINES - [MAT. APP. (F.C.) 243/2019]

Fact of the Case:

The appellant/husband filed a Divorce Petition under Section 13(1)(ia) of the Hindu Marriage Act, 1955 (HMA, 1955) on the ground of cruelty. During the pendency of the Divorce Petition, the respondent/wife filed an Application under Section 24 of HMA, 1955 seeking interim maintenance in the sum of Rs. 40,000/- per month along with Rs. 75,000/- towards litigation expenses. The respondent/wife asserted that she had no source of income to maintain herself as well as a minor child and was living at the mercy of her old-age widowed mother. The appellant/husband contested the said Application by asserting that the respondent/wife herself had left the matrimonial home and had filed a complaint making false allegations in CAW Cell, Seemapuri. The appellant/husband further claimed that the respondent/wife was a young lady of 34 years of age and was well educated, possessing a degree of Master of Arts in Hindi. She has work experience in different professions and had worked as a Tutor, Teacher, Assistant Accountant and had even run a Restaurant. The respondent/wife in association with her brother opened a Restaurant in the name of “Goverdhan Catering” at Preet Vihar. Thus, the respondent/wife is capable of working and cannot be allowed to sit idle only to claim maintenance from him. Learned Principal Judge, Family Court after considering the rival assertions observed that merely because the respondent/wife was a Post-graduate in Hindi and had some past work experience, she cannot be denied maintenance. The gross salary of Rs. 99,000/- per month of the appellant/husband was considered and it was held that his net payable income was Rs. 75,000/- per month. Considering that the respondent/wife was also maintaining the minor child and was bearing all his expenses, the interim maintenance in the sum of Rs. 25,000/- per month was allowed w.e.f. the date of filing of the Application till December, 2017. Further, the enhanced amount of Rs. 30,000/- per month was directed to be paid from January, 2018 till the disposal of the Petition under Section 13(1)(ia) of HMA, 1955.

Finding of the Court:

The Court observed that the respondent/wife is a qualified lady holding the Post-graduate degree in Hindi. It is also brought on record that the respondent/wife had started a restaurant in the name of “Goverdhan Catering” in association with her brother and the rent of Rs. 9,000/- per month was being paid. In addition, it was claimed that the respondent/wife was doing the catering services and supplying the fast food thereby earning handsome money. The respondent/wife has definitely some source of income which can be inferred from the fact that her monthly expenditure is Rs.40,000/- per month which is being incurred by her; there has to be some source of money disclosed from where she is meeting her monthly expenses. The Court held that the respondent/wife is not entitled to interim maintenance. However, it cannot be overlooked that she is maintaining the child exclusively who is now about 9 years old and is studying in Delhi Public School.

Issues: Whether the respondent/wife is entitled to interim maintenance under Section 24 of the Hindu Marriage Act, 1955.

Ratio Decidendi: The Court held that the respondent/wife is not entitled to interim maintenance under Section 24 of the Hindu Marriage Act, 1955, as she has some source of income and is capable of working. However, the Court granted Rs. 20,000/- per month towards the maintenance of the child.

Final Decision: The Court partly allowed the appeal and modified the impugned Order dated 30.07.2019 of interim maintenance and granted Rs. 20,000/- per month towards the maintenance of the child.