Case Note & Summary
The appeal before the High Court of Judicature at Bombay arose from the judgment of the Family Court, Bandra, Mumbai, which had partly allowed a petition under Sections 18 and 20 of the Hindu Adoptions and Maintenance Act, 1956. The appellant-wife and respondent-husband were married on 6 May 1996 and had a daughter, Priyanka, born on 18 July 1999. According to the wife, the husband subjected her to frequent quarrels, doubted her character, assaulted her, and imposed severe restrictions. After a particularly violent episode on 9 September 2000, the husband dropped the wife and the child at her parents' house and never maintained them since. The wife thus sought maintenance for herself and the child. The Family Court, by its order dated 17 July 2004, granted maintenance of Rs.1000 per month to the child but rejected the wife's claim, awarding only litigation expenses. Aggrieved, the wife preferred the present appeal seeking maintenance for herself and enhancement of the child's maintenance. Before the High Court, the wife argued that she was driven out due to cruelty and desertion and was entitled to maintenance; the husband contended that she left voluntarily and refused to cohabit. The husband did not file any petition for restitution of conjugal rights. The High Court found that the trial court had erred in denying maintenance to the wife, as the evidence showed cruelty and desertion. It held that the wife was entitled to maintenance under Section 18 from the date of the original application. Considering the husband's salary at the time and the passage of time, the Court awarded Rs.750 per month to the wife from June 2001, to be paid by the 10th of each month, with arrears to be cleared within three months. The maintenance to the wife was made effective till her remarriage, and to the child till marriage or self-earning. The Court clarified that the wife could apply for enhanced maintenance on changed circumstances. The appeal was partly allowed, and costs were awarded to the wife.
Headnote
A) Family Law - Maintenance of Wife - Entitlement Under Section 18 - Hindu Adoptions and Maintenance Act, 1956, Section 18 - The wife was forced to leave the matrimonial home due to cruelty and assault, and the husband failed to file for restitution of conjugal rights. The trial court erroneously denied maintenance. Held that the wife is entitled to maintenance from the date of application. (Paras 7-10) B) Family Law - Maintenance of Child - Future Enhancement - Hindu Adoptions and Maintenance Act, 1956, Section 20 - The trial court awarded Rs.1000 per month for the minor child. The wife can file a separate application for enhanced maintenance on proof of changed circumstances. Held that the existing child maintenance is sustained, but further applications will be considered on merits. (Paras 5, 11) C) Family Law - Maintenance - Quantum and Duration - Hindu Adoptions and Maintenance Act, 1956, Section 18 - Considering the husband's salary and the long separation, the court awarded maintenance of Rs.750 per month to the wife from June 2001, payable till her remarriage, and maintenance to the child till she marries or earns. Held that the impugned order is modified accordingly, with costs. (Paras 9, 12)
Issue of Consideration
Whether the wife is entitled to maintenance under Section 18 of the Hindu Adoptions and Maintenance Act, 1956, and whether the maintenance amount for the minor child should be enhanced.
Final Decision
Family Court Appeal No.17 of 2005 is partly allowed. The impugned judgment and order is modified: husband to pay maintenance of Rs.750 per month to wife from June 2001. Rest of trial court order sustained. Costs awarded to wife. Arrears to be paid within three months, monthly maintenance by 10th. Maintenance to wife effective till remarriage; maintenance to daughter till marriage or earning.
Law Points
- Maintenance under Section 18 of Hindu Adoptions and Maintenance Act
- 1956
- cruelty and desertion as grounds for maintenance
- wife's entitlement despite no divorce
- enhancement of maintenance on changed circumstances
- maintenance quantum considerations
