The obligation to provide spousal maintenance under the Hindu Marriage Act is dependent on the financial capacity of the earning spouse, irrespective of claimed debts.

JUDGMENT

Harilal, J The petitioner herein is the respondent in I.A.No.1695/2018 in O.P.No.564/2017 of the Family court, Palakkad. The aforesaid original petition was filed by the petitioner herein seeking a decree for dissolution of marriage. The respondent herein filed I.A.No.1695/2018 seeking an interim order directing the petitioner herein to pay interim maintenance at Rs.15,000/- per month and an amount of Rs.25,000/- as litigation expenses under Section 24 of the Hindu Marriage Act . The petitioner herein opposed the said application and contended that after adjusting various recoveries towards the loans and advances, he is earning only Rs.3,917/- as monthly salary. After considering the rival pleas, the family court passed the impugned order granting interim maintenance @ Rs.4,500/- per month to the respondent and Rs.5,000/- as litigation expenses. This order is under challenge in this original petition.

2. Heard the learned counsel for the petitioner.

3. Going by the impugned order it is seen that the petitioner himself admitted that he is a government employee having a gross salary of Rs.30,230/-. The petitioner has no case that the respondent is able enough to maintain herself. According to him, he has no amount to pay the maintenance allowance as he has to pay off the loan availed from the Bank. We are of the view that the liability under Section 24 of the Hindu Marriage Act is a statutory liability and when he himself admitted that his gross salary is Rs.30,230/- and the respondent has no job or any avocation for her livelihood, so he is liable to pay the maintenance allowance to the respondent. Considering the monthly salary admitted by the petitioner himself, the family court is justified in fixing Rs.4,500/- per month as monthly maintenance allowance to the respondent. We do not find any reason to interfere with the impugned order under challenge. Hence this original petition is dismissed.

Sd/-K.HARILAL, JUDGE sd/-P.SOMARAJAN, JUDGE

AMV/24/10/2019

APPENDIX PETITIONER'S/S EXHIBITS:

EXHIBIT P1 TRUE COPY OF PETITION NUMBERED AS O.P.NO.564/2017 FILED BY THE PETITIONER AGAINST THE RESPONDENT BEFORE THE FAMILY COURT, PALAKKAD.

EXHIBIT P2 TRUE COPY OF THE PETITION AND AFFIDAVIT AS I.A.NO.1695/2018 IN O.P.NO.564/2017 FILED BY RESPONDENT AGAINST PETITIONER BEFORE THE FAMILY COURT, PALAKKAD.

EXHIBIT P3 TRUE COPY OF THE COUNTER STATEMENT FILED BY PETITIONER TO EXHIBIT P2 PETITION FILED BY RESPONDENT BEFORE THE FAMILY COURT, PALAKKAD.

EXHIBIT P4 TRUE COPY OF THE ORDER DATED 13/3/2019 IN I.A.NO.1695/2018 IN O.P.NO.564/2017 PASSED BY THE FAMILY COURT, PALAKKAD.

RESPONDENT EXHIBITS : NIL TRUE COPY P.A.TO JUDGE