The husband challenged the order of the Family Court to pay an interim maintenance of Rs. 30,000 each to the wife and minor son.
The Madras High Court noted that Section 24 of the Hindu Marriage Act is intended to provide interim maintenance only to ensure a wife has sufficient means to maintain herself. Therefore, awarding maintenance to a wife with substantial income was deemed unnecessary.
The husband had contested the order, arguing that the wife was financially independent.
A Bench of Justice P.B. Balaji observed, “The object of Section 24 is only for providing interim maintenance to the wife to enable her to get sufficient income to live a comfortable lifestyle. I do not see that the respondent is not possessed of such sufficient income already, warranting further monies from the petitioner by way of interim maintenance…Even with regard to the award of Rs.30,000/- maintenance to the son, the petitioner has accepted the said order and has not even challenged the same. In the light of the above, I am not able to sustain the order of the Family Court awarding interim maintenance to the respondent/wife, which is wholly unnecessary in the light of the substantial income that has accrued to the respondent by way of dividends in Scan World and the fact that the respondent also owns valuable immovable properties.”
Case Brief
The husband filed a Revision Petition challenging the Family Court’s order directing him to pay interim maintenance of ₹30,000 per month each to his wife and minor son.
He argued that his wife was financially independent and affluent, and therefore not entitled to maintenance, though he did not dispute the maintenance awarded to his son. It was further pointed out that the wife was a Director of a company and received regular dividends.
Court’s Observation
The High Court observed that the challenge pertained only to the maintenance awarded to the wife. Referring to Section 24 of the Hindu Marriage Act, it emphasized that the purpose of interim maintenance is to ensure the wife has adequate means to support herself, not merely for survival but to maintain a lifestyle comparable to that enjoyed in the matrimonial home.
Assessing her financial status, the Court noted that she had received significant income over the past three financial years and also possessed valuable immovable properties.
“The object of Section 24 is only for providing interim maintenance to the wife to enable her to get sufficient income to live a comfortable lifestyle. I do not see that the respondent is not possessed of such sufficient income already, warranting further monies from the petitioner by way of interim maintenance”, the Court said.