Case Note & Summary
The petitioner wife challenged an order of the Family Court, Nagpur, dated 17.07.2025, which directed her to pay interim maintenance of Rs.5,000 per month and litigation expenses of Rs.25,000 to her husband under Section 24 of the Hindu Marriage Act, 1955. The parties were married on 19.02.2012 according to Hindu rites and customs. Matrimonial disputes arose, and in 2020, the husband filed a divorce petition (A-508 of 2020) alleging cruelty. During the proceedings, the husband filed an application for maintenance pendente lite, claiming Rs.15,000 per month plus rent and litigation costs. The wife opposed, stating that the husband was an able-bodied and well-qualified engineer who had worked with Indian Railways and was capable of maintaining himself. The Family Court allowed the application, directing the wife to pay Rs.5,000 per month as interim maintenance. The wife then invoked Article 227 of the Constitution before the High Court. The High Court examined the object of Section 24, which is to prevent vagrancy and destitution, and held that it does not entitle an able-bodied spouse who is capable of earning to claim maintenance. The court noted that the husband was a qualified engineer and had previously worked with Indian Railways, and there was no evidence that he was unable to secure employment. The High Court set aside the Family Court's order, holding that the husband was not entitled to maintenance from the wife.
Headnote
A) Family Law - Maintenance Pendente Lite - Section 24 Hindu Marriage Act, 1955 - Husband's Entitlement - The court considered whether a husband who is well-qualified and capable of securing employment can claim interim maintenance from his wife. The Family Court had allowed the husband's application, but the High Court reversed the order, holding that the provision is intended to prevent vagrancy and destitution, not to enable an able-bodied spouse to avoid work. The husband, an engineer who had worked with Indian Railways, was found capable of maintaining himself. (Paras 2-6) B) Constitutional Law - Jurisdiction under Article 227 - Scope of Interference - The High Court exercised its supervisory jurisdiction under Article 227 of the Constitution of India to set aside the Family Court's order, finding that the Family Court had failed to consider the husband's qualifications and capacity to earn. (Paras 1, 6)
Issue of Consideration
Whether a husband who is well-qualified and capable of securing employment is entitled to claim interim maintenance from his wife under Section 24 of the Hindu Marriage Act, 1955?
Final Decision
The High Court allowed the writ petition, setting aside the order dated 17.07.2025 passed by the Family Court, Nagpur. The husband's application for interim maintenance was dismissed.
Law Points
- Section 24 Hindu Marriage Act
- 1955
- interim maintenance
- husband's entitlement
- able-bodied spouse
- capable of employment
- maintenance pendente lite
- Article 227 Constitution of India
