The recent verdict from the Allahabad High Court emphasized that as long as a marriage endures, it is the responsibility of the spouse who earns income to safeguard the life, freedom, and dignity of the other partner. The bench, comprising Justices Saumitra Dayal Singh and Rajendra Kumar, asserted that even in cases of estranged marriages, the earning party must provide a certain minimum amount to ensure the protection of the other spouse’s life, liberty, and dignity.
The court was addressing an appeal filed by a husband challenging the Family Court’s decision from February of this year. The Family Court had invoked Section 24 of the Hindu Marriage Act, 1955, directing the husband to pay interim maintenance of Rs 7,000 per month to his estranged wife starting from November 2021, the month when she filed the maintenance application.
In its judgment, the high court took note of the husband’s documentary evidence, which indicated that his current year’s salary did not exceed Rs 16,500, whereas in previous years, it was Rs 15,470. The division bench, while acknowledging that no children were born from the marriage, expressed the opinion that the Family Court’s decision to allocate nearly 50 percent of the man’s total monthly income for interim maintenance appeared to be incorrect.
Nevertheless, recognizing the need to offer a minimal amount of support to the wife, the court issued a decree instructing the husband to provide Rs 5,000 as interim maintenance to his estranged wife, starting from the date of her application.
Additionally, the court instructed the lower court to expedite the proceedings initiated by the husband, with a preference for concluding them no later than January 31, 2024.
Source: https://www.news18.com/india/duty-of-earning-spouse-to-protect-life-liberty-dignity-of-other-allahabad-high-court-8587606.html