Chambers of Ishaan Garg
Ch. No. 217, Western Wing, District & Sessions Court, Tis Hazari, New Delhi, Delhi 110054
+91 8851742417, +91 8800386163
The Delhi High Court on Monday said that merely because the wife is earning does not automatically operate as an absolute bar for awarding maintenance by the husband.
A division bench of Justice V Kameswar Rao and Justice Anoop Kumar Mendiratta also observed that the obligation of the husband to provide maintenance is on a higher pedestal than the wife, since the provision for grant of maintenance or interim maintenance for women and children in various statutes is keeping in perspective the underlying principle under Article 15(3) of the Constitution of India.
“The purpose remains to provide recourse to dependent wife and children by way of financial support to maintain herself along with the child,” the court said.
It added that the parameter for grant of maintenance to the wife remains whether her source of income is sufficient to enable her to maintain herself along with a minor child.
“The maintenance has to be realistic, avoiding either of two extremes i.e. neither oppressive or extravagant, nor meagre to drive the applicant wife to penury or mere support. The duration of the marriage as well as the conduct of the parties, which is apparent on the face of the record also needs to be kept in perspective,” the court said.
status of the parties along with the standard of living in the matrimonial home and the income of the respondent, the appellant wife is also entitled to maintenance apart from the minor child,” the court said.
It noted that the wife was constrained to stay in a tenanted premises and bear all the expenses on education, extracurricular activities of the child alongwith medical and other uncertainties of life.
In this backdrop, the court said that while there is no doubt that the maintenance of the child is a joint responsibility, but the realistic view of the expenses and the status of the parties need to be kept into consideration.
“It has already been observed above that the parameters for determination of maintenance depend upon financial status of the contesting respondent and the amount awarded must be reasonable and realistic. The wife is also entitled to enjoy the same amenities of life as she would have been entitled to in her matrimonial home,” the court said.
Modifying the impugned order, the bench ordered that the wife will also be entitled to monthly maintenance of Rs.15,000, apart from the maintenance for the minor child as awarded by the Family Court, from the date of filing of application till the disposal of the proceedings.
“Maintenance pendente lite shall be set off/adjusted against any other amount of maintenance received by the appellant. The respondent shall also be liable to clear the arrears of maintenance within timeline as directed by the learned Judge, Family Court,” the court said.
Title: X v. Y
