Bringing you the Best Analytical Legal News
“At the stage of consideration of interim maintenance, this Court is neither expected nor required to embark upon a detailed inquiry or conduct a mini trial to resolve such disputes conclusively.”
“Maintenance of children is not confined to bare subsistence; it encompasses their overall upbringing, education, health, and standard of living, consistent with the means and status of the parents.”
“It does not mean that a proportionate part of a husband’s income is to be awarded to the wife and children, rather the maintenance must be in proportion to the needs of the children. The amount of Rs 50,000 per month was a meager amount for the two daughters of growing age and it was inadequate and very less.”
“The claim for maintenance must be assessed with reference to her present earning capacity and ability to sustain herself in the standard of living she was accustomed to during her marriage, and not on the financial status of her natal family.”
“Grave and irreparable harm would continue if a reasonable assessment were not made, and there would be no inconvenience to the husband in paying a slightly larger sum towards the maintenance amounts claimed by the wife.”
“The object of awarding interim maintenance is only to ensure that the wife has sufficient income to enable her to maintain herself and the said sustenance is not mere survival, but should be on the same lines of a comfortable lifestyle that she would have had in the matrimonial home.”
The Court stated that it cannot be overlooked that the Order of maintenance dated is only ad-interim which implies that the Order shall be made after considering the affidavit of income, financial capacity and responsibilities of both the parties, aside from their personal qualifications.
“The wife was not seriously interested in reconciliation and there was no evidence indicating withdrawal of the husband from her society without reasonable cause and her claims of the husband demanding divorce during their cohabitation were not substantiated by cogent evidence.”
“The husband’s income is far more than wife with no financial responsibilities on him and even if he has certain expenses that are necessary for maintenance of himself and family members, the amount that remains is sufficient to enable him to support his wife.”
The wife was previously employed as a guest teacher. However, owing to the compelling responsibilities of single-handedly raising the child coupled with the burden of long commuting hours, she had to discontinue her employment.
“Remaining unemployed is one thing and sitting idle having qualification and prospect to earn is another thing and if a husband being well qualified sufficient enough to earn sits idle only to shift the burden on the wife should not only be deprecated, but also be discouraged.”
“Equitable considerations do apply when the Court considers the prayer for maintenance under Section 25. The reason is that Section 25 lays down that while considering the prayer for granting relief under Section 25, the conduct of the parties must be considered.”
The Court clarified that under Section 125(4) CrPC, maintenance can only be denied if the wife is living in adultery, which requires proof of a sexual relationship.
The wife claimed that she has a M.Sc. degree in Clothing and Textile but was forced to leave her job as her husband was against her working.
“Since the legislature cannot contemplate a solution to all the problems that are presented in Society. Within the broad framework that is laid down by the legislature, Courts will have to find a solution to the individual cases.”
“With regard to the maintenance of the child, this court is of the view that in the presence of biological father of the child, the stepfather cannot be asked to maintain the child.”
“The object of Section 24 of the Hindu Marriage Act, 1955 is to ensure that during the matrimonial proceedings either party should not be handicapped and suffer any financial disability to litigate only because of paucity of source of income.”
The impugned order held that the fathers of the parties were real brothers and so, the marriage between the parties fell within the meaning of sub-clause (f) of Section 3 of Hindu Marriage Act, which defines the terms of degrees of prohibited relationships.
The Court pin-pointed the huge difference in income of the husband and wife, and that there was no documentary evidence to support the wife’s claims of being indebted.