P&H HC: Eyewitness Account Not Credible if Eyewitness Directly Identifies Accused in Court  ||  Delhi HC: Conditions u/s 45 PMLA Have to Give Way to Article 21 When Accused Incarcerated for Long  ||  Delhi High Court: Delhi Police to Add Grounds of Arrest in Arrest Memo  ||  Kerala High Court: Giving Seniority on the Basis of Rules is a Policy Decision  ||  Del. HC: Where Arbitrator has Taken Plausible View, Court Cannot Interfere u/s 34 of A&C Act  ||  Ker. HC: No Question of Estoppel Against Party Where Error is Committed by Court Itself  ||  Supreme Court: Revenue Entries are Admissible as Evidence of Possession  ||  SC: Mere Breakup of Relationship Between Consenting Couple Can’t Result in Criminal Proceedings  ||  SC: Bar u/s 195 CrPC Not Attracted Where Proceedings Initiated Pursuant to Judicial Order  ||  NTF Gives Comprehensive Suggestions on Enhancing Better Working Conditions of Medical Professions    

Chetram Mali vs. Karishma Saini (Neutral Citation: 2023:DHC:8322-DB) - (High Court of Delhi) (21 Nov 2023)

Maintenance provisions under Hindu Marriage Act, 1955 are gender neutral

MANU/DE/7763/2023

Family

Present appeal arises out of an Order passed by the learned Family Court Judge by which appellant was directed to pay the respondent a sum of ₹30,000/- per month towards maintenance pendente lite from the date of filing of the divorce petition till its disposal along with litigation expenses of ₹51,000/-.

The appellant was directed to pay a sum of ₹21,000/- per month as maintenance in the proceedings under Protection of Women from Domestic Violence Act, 2005, which was enhanced to ₹30,000/- in the proceedings under Section 24 of Hindu Marriage Act, 1955 (HMA) without any change in circumstances. The appellant who has to support his aged parents and siblings is the only earning member with a gross salary of ₹1,04,276/- and the net salary received by the appellant after deductions and recoveries is ₹56,492/-.

The respondent claims to have no independent source of income but has reasonable educational background being a graduate from Delhi University. She appears to have voluntarily undertaken social work as claimed despite there being no impediment for undertaking a meaningful employment.

Therefore, the Court observed that the spouse having a reasonable capacity of earning but who chooses to remain unemployed and idle without any sufficient explanation or indicating sincere efforts to gain employment should not be permitted to saddle the other party with one sided responsibility of meeting out the expenses. The equivalence does not have to be with mathematical precision but with the objective to provide relief to the spouse by way of maintenance pendente lite and litigation expenses, who is unable to maintain and support during the pendency of proceedings and to ensure that party should not suffer due to paucity of source of income. The provision is gender neutral and the provisions of Sections 24 & 25 of HMA provide for the rights, liabilities and obligations arising from marriage between the parties under HMA. Appeal disposed off.

Tags : FAMILY   MAINTENANCE   GENDER NEUTRAL  

Share :        

Disclaimer | Copyright 2024 - All Rights Reserved