No Temporary Support for Wife in Equal Earnings Cases Under Hindu Marriage Act Section 24

The Delhi High Court has opined that when both spouses possess equivalent qualifications and earn commensurate incomes, the provision for interim maintenance cannot be invoked for the wife as stipulated under Section 24 of the Hindu Marriage Act.

A divisional bench, comprised of Justice Suresh Kumar Kait and Justice Neena Bansal Krishna, asserted that the underlying purpose of Section 24 is to safeguard against either party enduring financial constraints that might hinder their participation in matrimonial legal proceedings due to a lack of financial resources.

Furthermore, the court remarked that the provision for interim maintenance was established with the primary objective of aiding either spouse in addressing the expenses associated with legal proceedings and ensuring their ability to maintain a reasonable standard of living during the litigation.

“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 life style as the other spouse as has been observed by this Court in the case of K.N. vs. R.G MAT. APP.(FC) 93/2018 decided on 12.02.2019.”

These observations by the court were made in the context of concurrent appeals filed by the husband and wife. These appeals were in response to a family court order that mandated the husband to pay Rs. 40,000 per month for the child’s maintenance while declining any maintenance for the wife.

In his appeal, the husband sought a reduction in the maintenance amount, while the wife sought maintenance of Rs. 2 lakhs for herself and an increase in the child’s maintenance from Rs. 40,000 to Rs. 60,000 per month. The couple entered into matrimony in 2014, and their child was born in 2016. They subsequently separated in 2020.

The court duly considered the fact that both the wife and husband possessed high levels of education and qualifications. The wife had a monthly income of Rs. 2.5 lakhs, and the husband earned the equivalent of her income when his income of USD 7134 was converted into Indian rupees.

“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 USD 7000 and is left with little money for saving. His calculations are duly supported by the documents,” the court said.

In light of the respective financial capacities of the wife and husband, and in cognizance of their joint duty to contribute to the child’s support, the court has determined that the interim child maintenance, initially established at Rs. 40,000, shall be revised downward to Rs. 25,000 per month.