Chambers of Ishaan Garg
Ch. No. 217, Western Wing, District & Sessions Court, Tis Hazari, New Delhi, Delhi 110054
+91 8851742417, +91 8800386163
Delhi High Court has observed that interim maintenance cannot be granted to the wife under Section 24 of Hindu Marriage Act if income of both the spouses is equal.
The division bench of Justice Suresh Kumar Kait and Justice Neena Bansal Krishna said that the provision for interim maintenance has been made only to help either spouse to sail through the litigation expenses and also to ensure that they are able to live comfortably.
"The proceedings under Section 24 of the Act are not intended to equalize the income of both the spouses or to give an interim maintenance which is commensurate to maintain a similar lifestyle as the other spouse," the high court said.
The court made the observations while dealing with cross appeals filed against a family court order directing the husband to pay Rs 40,000 per month towards maintenance of the child and declining maintenance to the wife. The parties got married in 2014, the son was born in 2016 and both separated in 2020.
The husband requested the court reduction in the maintenance amount while the wife claimed a maintenance of Rs 2 lakh for herself and enhancement from Rs 40,000 to Rs 60,000 per month for the child.
Noting that the wife was getting salary of Rs 2.5 lakh per month while the husband $7134 per month, which if converted to Indian rupee is equal to her income, the court said, "Though the husband may be earning in dollars, but it cannot be overlooked that his expenditure is also in dollars. He has explained that he has a monthly expense of about $7000 and is left with little money for saving. His calculations are duly supported by the documents."
The court, observing that responsibility of maintaining the child has to be shared by both, concluded that the interim maintenance of Rs 40,000 for the child be reduced to Rs 25,000 per month.
Source:https://timesofindia.indiatimes.com/city/delhi/no-interim-pay-if-spouses-earnings-equal-clarifies-delhi-hc/articleshow/104512316.cms
Case Title: X v. Y decided on 11th October 2023
