A spouse may claim maintenance even if employed if their income is insufficient for support under Section 24 of the Hindu Marriage Act.

ORDER

This civil revision petition challenges the order of the learned Family Judge at Puducherry in IA.No.859 of 2022 in MOP.No.247 of 2018 dated

25.09.2024.

2. The civil revision petitioner is the husband. There is no dispute in the relationship between the parties. They entered into a matrimony on 09.04.2017 at Puducherry. Subsequently, due to disputes and differences, the parties separated. The husband invoked Section 13(1)(ia) of the Hindu Marriage Act and presented M.O.P.No.247 of 2018.

3. Summons was served on the wife and she has also entered appearance and filed a detailed counter. Pending disposal of the proceedings, she filed I.A.No.859 of 2022. This was an application under Section 24 of the Hindu Marriage Act read with Section 20 of the Protection of Women from Domestic Violence Act, 2005.

4. She pleaded that the husband, who is a B.Tech MHRM graduate, has been employed in Republic of Singapore. She stated that the husband's employer is one M/s. U to C Engineering Pvt., Ltd. In the said institution, the husband is working as a quality analyst and is generating a sum of Rs.3,00,000/- per month as salary. Hence, she sought for Rs.75,000/- as interim maintenance.

4. This application was resisted by the husband. He pleaded that the petitioner is working as a professor in Idhaya Women Science and Arts College at Puducherry and is earning a fancy salary. He added that the wife is owning a two-wheeler and furnished its registration number. He pleaded that the wife is suffering from hypo-thyroid problem and is consuming medications for the same regularly. He added that fact had been suppressed at the time of marriage. He pointed out that he is earning a sum of Rs.93,000/- per month and it is a misleading statement of the wife that he is earning Rs.3,00,000/- per month.

5. In terms of the directions given by the Supreme Court in Rajnesh v. Neha , (2021) 2 SCC 324 , the husband filed his affidavit of assets and liabilities. In the said affidavit, he conceded his monthly salary as SGD 1500. The wife filed her affidavit of assets and liabilities, and pleaded that she is not employed anywhere.

6. The learned Trial Judge took up the application for disposal. She perused the affidavit and counter and came to the conclusion that the wife is entitled to maintenance and quantified the amount at Rs.15,000/- per month.

Aggrieved by the same, the husband is on revision before me.

7. I heard Ms.A.Aarthi for the civil revision petitioner.

8. Ms.A.Aarthi pleads that the wife is employed and therefore, she is dis-entitled to receive maintenance from the husband. She states that the husband is earning only 1500 SGD per month and to call upon him to pay Rs.15,000/- towards interim maintenance is excessive. Hence, she pleads the order be revised.

9. I have carefully considered the submissions of Ms.A.Aarthi and have gone through the records.

10. In terms of Section 24 of the Hindu Marriage Act, a spouse is entitled to be maintained, in case, she or he is unable to sustain themselves. A reading of the said Section would show that a spouse, applying for the relief under Section 24, should plead that she or he has no independent income sufficient for her or his support. Nowhere does the Section bar the wife or the husband from seeking maintenance, in case, she or he is employed. The test is that even if they are working, the amount that he or she is receiving from the employer is not sufficient to support the necessary expenses.

11. Here is the case where the husband pleads, the wife is employed in a college. Absolutely no evidence has been let in before the court to substantiate the plea. On the contrary, the wife has filed an affidavit stating