Case Note & Summary
The petitioner-husband, Lakhan @ Laxman Dadasaheb Kale, filed a writ petition in the Bombay High Court at Aurangabad challenging an order dated 18.06.2020 passed by the Civil Judge Senior Division, Shrigonda, in H. M. P. No. 125 of 2018. The impugned order awarded interim maintenance of Rs. 1,500/- per month to the respondent-wife, Ankita Laxman Kale, under Section 24 of the Hindu Marriage Act, 1955. The marriage between the parties was solemnized on 18th December 2016. The respondent-wife filed a petition for divorce, and both parties filed applications for interim maintenance against each other, each claiming that they were unemployed while the other was employed and earning. The Trial Court, after considering the material on record, awarded interim maintenance only to the wife and rejected the husband's claim. The husband assailed this order, arguing that he had produced evidence, including a salary certificate from Mphasis Limited, Pune, showing that the wife earned a gross salary of Rs. 17,574/- and a net salary of Rs. 16,372/- per month, and a bank statement confirming the deposit. He contended that the wife filed a false affidavit claiming unemployment and made other false statements in her affidavit of assets, income, and expenditure. The husband claimed he was unemployed and that the wife failed to produce any material to show he had income. The High Court, after hearing the parties, set aside the impugned order and remanded the matter to the Trial Court for fresh consideration, directing the Trial Court to consider the affidavits of assets and income filed by both parties and to pass a fresh order within three months.
Headnote
A) Family Law - Interim Maintenance - Section 24 of Hindu Marriage Act, 1955 - Employment of Spouse - The petitioner-husband challenged the order awarding interim maintenance to the respondent-wife, contending that she was employed with Mphasis Limited, Pune, earning a net salary of Rs. 16,372/- per month, and had filed a false affidavit claiming unemployment. The Court held that the Trial Court must consider the employment status of both parties and the affidavits of assets and income before awarding maintenance. (Paras 2-5)
Issue of Consideration
Whether the Trial Court erred in awarding interim maintenance of Rs. 1,500/- per month to the respondent-wife despite evidence that she was employed and earning a salary, and whether the husband was entitled to interim maintenance.
Final Decision
The impugned order dated 18.06.2020 is set aside. The matter is remanded to the Trial Court for fresh consideration. The Trial Court is directed to consider the affidavits of assets and income filed by both parties and pass a fresh order within three months.
Law Points
- Interim maintenance under Section 24 of Hindu Marriage Act
- 1955
- Employment status of spouse
- Affidavit of assets and income
- False statements in affidavit
