Case Note & Summary
The petitioner-husband, Harish Nandlal Gaba, challenged the order dated 2.12.2010 passed by the Principal Judge, Family Court, Nagpur, directing him to pay Rs. 20,000 per month as maintenance pendente lite to the respondent-wife, Monica Harish Gaba, from the date of application till disposal of the main petition. The marriage was solemnized on 29.11.1993, and the parties have a daughter, Taniya, aged about 15 years. Due to marital discord, the wife left the matrimonial house on 1.4.2009 with her daughter. The husband filed a petition for restitution of conjugal rights in Amritsar, while the wife filed a petition under Section 13(1)(ia) of the Hindu Marriage Act for dissolution of marriage and return of stridhan, numbered as A-445/2009 before the Family Court at Nagpur. In that petition, the wife filed an application under Section 24 of the Act for maintenance pendente lite at Rs. 25,000 per month and litigation expenses of Rs. 50,000. The wife claimed that the husband was doing business in the name of 'Taniya Jewellers' dealing in gold and diamond jewellery and had a turnover of Rs. 1 crore per year. The husband denied the allegations, stating that he was only an employee in the said business and earned Rs. 5,000 per month. The Family Court, after considering the affidavits, directed the husband to pay Rs. 20,000 per month as maintenance. The High Court found that the Family Court had not properly considered the husband's income and the wife's needs. The High Court noted that the wife had not placed any material to show the husband's actual income, and the husband's business turnover of Rs. 1 crore did not necessarily mean high income after expenses. The court also considered that the wife was educated and capable of earning, but had no independent income. The High Court held that the maintenance of Rs. 20,000 per month was on the higher side and reduced it to Rs. 10,000 per month from the date of application. The petition was partly allowed, and the order of the Family Court was modified accordingly.
Headnote
A) Family Law - Maintenance Pendente Lite - Section 24 Hindu Marriage Act, 1955 - Quantum of Maintenance - The court must consider the wife's needs and the husband's actual income, not merely the alleged turnover of the husband's business. The Family Court's order of Rs. 20,000 per month was reduced to Rs. 10,000 per month as the husband's income was not established to be high and the wife had no independent income. (Paras 2-6) B) Family Law - Maintenance Pendente Lite - Section 24 Hindu Marriage Act, 1955 - Interim Maintenance - The court held that the wife is entitled to maintenance from the date of application, but the quantum must be reasonable. The husband's business turnover of Rs. 1 crore does not necessarily translate to high income; expenses and liabilities must be considered. (Paras 4-6)
Issue of Consideration
Whether the Family Court's order directing the husband to pay Rs. 20,000 per month as maintenance pendente lite under Section 24 of the Hindu Marriage Act, 1955 was justified based on the evidence on record.
Final Decision
The petition is partly allowed. The order dated 2.12.2010 passed by the Principal Judge, Family Court, Nagpur is modified. The petitioner-husband is directed to pay Rs. 10,000 per month as maintenance pendente lite to the respondent-wife from the date of application till disposal of the main petition. Rule made absolute accordingly with no order as to costs.
Law Points
- Maintenance pendente lite under Section 24 of Hindu Marriage Act
- 1955 must be based on wife's needs and husband's actual income
- not merely on alleged business turnover
- Court must consider both parties' income and expenses
- Interim maintenance should be reasonable and not excessive.
