Case Note & Summary
The petitioner-wife filed a petition under Section 24 of the Hindu Marriage Act, 1955 seeking interim maintenance pendente lite in connection with her petition for annulment of marriage. The Family Court, Jalgaon rejected her application on two grounds: that she possessed higher qualifications and that her social media status indicated she had secured a job in London. The wife challenged this order before the Bombay High Court. The High Court observed that the Family Court had erroneously equated capacity to earn with actual earning. It noted that the wife had established she was not actually earning any income, and the social media declaration was not conclusive proof of employment. The Court held that interim maintenance cannot be denied solely on the basis of qualifications or unverified social media claims. The impugned order was set aside and the matter remanded to the Family Court for fresh consideration of the maintenance application, directing the Family Court to decide it afresh within three months. The Court also directed the husband to pay Rs. 5,000 per month as interim maintenance from the date of the application until the fresh decision.
Headnote
A) Family Law - Maintenance Pendente Lite - Section 24 Hindu Marriage Act, 1955 - Capacity to Earn vs Actual Earning - The Family Court rejected wife's application for interim maintenance on grounds of her higher qualifications and a social media status indicating a job in London. The High Court held that capacity or ability to earn is different from actual earning, and mere possession of qualifications or unverified social media declarations cannot be a basis to deny maintenance. The matter was remanded for fresh consideration. (Paras 3-6)
Issue of Consideration
Whether the Family Court was justified in rejecting the wife's application for interim maintenance under Section 24 of the Hindu Marriage Act, 1955 on the grounds that she possesses higher qualifications and had made a social media declaration about securing a job in London.
Final Decision
The impugned order dated 04.12.2019 passed by the Family Court, Jalgaon is set aside. The matter is remanded to the Family Court for fresh consideration of the application for interim maintenance. The Family Court is directed to decide the application afresh within three months from the date of the order. The respondent-husband is directed to pay Rs. 5,000 per month as interim maintenance to the petitioner-wife from the date of the application until the fresh decision.
Law Points
- Capacity to earn is different from actual earning
- Interim maintenance cannot be denied solely on basis of higher qualifications
- Social media status is not conclusive proof of employment
- Section 24 Hindu Marriage Act
- 1955
