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2025 Supreme(Online)(Guj) 8456
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
A.Y. KOGJE, N.S. SANJAY GOWDA, JJ
HITESHBHAI CHANDRAKANTBHAI JARIWALA – Appellant
Versus
HEMAXIBEN HITESHBHAI JARIWALA – Respondent
Family Appeal | FIRST APPEAL NO. 12 of 2025
For the Appellant(s): MR RAXIT J DHOLAKIA
For the Respondents: KAASH K THAKKAR
Maintenance must be ensured despite a spouse's ability to work, focusing on legal obligations and familial support.
Headnote:(A) Family Courts Act, 1984 - Section 19 - Hindu Marriage Act, 1955 - Section 24 - Appeal against order for interim maintenance - The family court ordered maintenance for the wife and minor son, considering the income of the husband and needs of the family - Court emphasized that a spouse’s ability to maintain oneself does not negate the entitlement for interim maintenance. (Paras 9, 10, 11)
(B) Maintenance Pendente Lite - The court adjudicated on the statutory obligation of a husband towards his wife and child emphasizing that maintenance is essential irrespective of the spouse's educational background. (Paras 14, 15)
Facts of the case:
The appellant is the husband seeking to challenge the family court’s decision granting interim maintenance of Rs.65,000/- monthly to the wife and Rs.20,000/- for litigation costs based on earnings and household expenses. The relationship had deteriorated after family disputes regarding social media use.
Findings of Court:
The family court balanced income and needs concluding the maintenance awarded was reasonable under the circumstances.
Issues: Key questions included whether the family court properly evaluating the financial capabilities of both parties.
Ratio Decidendi: The court reinforced that maintenance must ensure legal obligations are met and financial stability for the spouse requesting support is essential.
Result: Appeal dismissed.
| Table of Content |
|---|
| 1. commencement of proceedings under family courts act. (Para 1 , 2 , 3) |
| 2. arguments regarding income and maintenance obligations. (Para 4 , 5) |
| 3. evaluation of financial circumstances and appropriateness of maintenance. (Para 6 , 7 , 8) |
| 4. court's reasoning on maintenance determination. (Para 9 , 10) |
| 5. final ruling on appeal. (Para 11) |
(PER : HONOURABLE MR. JUSTICE A.Y. KOGJE)
1. The present appeal is filed under Section 19 of the Family Courts Act , 1984, against the order dated 12.11.2024 passed by the Family Court No.2, Surat in Family Suit No.678 of 2023, on an application at Exh.11 filed by the present respondent- wife under Section 24 of the Hindu Marriage Act , 1955 praying for interim maintenance for herself and the minor son and for expenses of proceedings.
2. The matter is at admission stage. However, the issue involved in the matter appears short and therefore, with consent of learned Advocates for the parties, the matter is taken up for hearing and final disposal. Paper-book is made available for perusal of the Court.
3. The brief facts of the case are that the marriage between the appellant-husband and respondent-wife was solemnized on 01.06.1998 at Surat, out of which the parties were blessed with a daughter. The appellant-husband thereafter got a job opportunity at Dubai and subsequently the respondent-wife and daughter joined him. At Dubai, the parties were blessed with a son and the family resided together till March 2018 and thereafter as the daughter wanted to study in India, the respondent-wife along with the children returned to Surat. Until that time, the relationship was cordial. However, thereafter the disputes arose on account of the changed behavior of the respondent-wife, more particularly due to her excessive engagement on social media and certain photographs discovered by the appellant-husband.
3.1 In view of the disputes arising between the husband and the wife, the appellant-husband served her with legal notice to join the appellant-husband with children at Dubai, which was not replied to by the respondent-wife. Thereafter, the appellant- husband filed HMP No.678 of 2023 under section 13 (1) (i-a), (i-b) of Hindu Marriage Act before the Family Court, Surat wherein the respondent-wife entered appearance and filed the written statement.
3.2 Further, in the proceedings, the respondent-wife filed an application at Exh.11 under Section 24 of the Act praying for interim maintenance for herself and the minor son and for litigation expenses and the Family Court, after hearing both parties, by order dated 12.11.2024 directed the appellant to pay interim maintenance of Rs.40,000/- to the respondent-wife and Rs.25,000/- to the minor son from the date of the application till final disposal of the divorce petition, and Rs.20,000/- towards litigation expenses.
Hence, the present appeal.
4. Learned Advocate for the appellant-husband submitted that though the appellant is employed at Dubai and earns Rs.7,50,000/- per month, he also incurs monthly household and other expenses to the tune of Rs.5,50,000/- which has been duly substantiated by salary slips and affidavit filed on record.
4.1 Learned Advocate for the appellant has further submitted that the Family Court has not considered the fact that the appellant has provided for the residence and expenses for the wife and children. Further, the independent income of the respondent-wife, who is engaged as a yoga trainer, has not been considered and such a fact has been deliberately suppressed by not filing her Income Tax Returns despite stating in her affidavit that she would do so.
4.2 Learned Advocate for the appellant has further submitted that the respondent-wife had already filed an application under Section 125 of Cr.P.C. being Cr.M.A. No.1366 of 2023 prior to filing Exh.11 under Section 24 of the Hindu Marriage Act , which was not disclosed and therefore, the Family Court has erred in awarding maintenance.
4.3 Learned Advocate for the appellant
