On Monday, Delhi HC refused to award interim maintenance on the ground that she is Charted Accountant, well qualified with sufficient experience, capable of sustaining herself & need not to be granted interim maintenance under Section 24 of Hindu Marriage Act.
Wife has filed a petition against Family Court verdict of denying interim maintenance to her by considering her qualifications. However, amount of 22,900 was awarded by court to her two children’s. Couple got married on July 16, 2005, woman is CA while her husband is an electrical engineer but runs his own business. Woman demanded for sum of Rs. 3 Lakh per month for herself and two children & Rs. 1.1 Lakh towards litigation expenses. Court observed that parties tried to mislead the court by indulging in jugglery of accounts. Woman claimed that she earned only 7000 per month.
Justice Pradeep Nandrajog and Justice Pratibha Rani observed that ‘Section 24 of the Hindu Marriage Act makes a provision for award of interim maintenance to a spouse who has no independent income sufficient to support herself and fight the legal battle. In the judgment in Manokaran @ Ramamoorthy Vs. M. Devaki, the High Court of Madras while construing the provision of Section 24 of the Hindu Marriage Act and relying on its earlier decision reported as Kumaresan Vs.Aswathi held that for grant of maintenance, the party should not have sufficient independent income for her/his support’. The court also referred to the observations made under Mamta Jaiswal Vs. Rajesh Jaiswal with respect to award of interim maintenance under Section 24 of the Hindu Marriage Act to a well qualified spouse having the earning capacity but desirous of remaining idle. Such a spouse, according to the judgment, is unworthy of any financial entitlement from the separated partner.
The court held that the decision taken by the Family Court was a proper and did not need any interference. The impugned judgment was thus upheld.
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