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 the respondent 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. The husband then filed an application for interim maintenance, claiming Rs.15,000 per month plus rent and litigation costs. The wife opposed, stating the husband was an able-bodied engineer who had worked with Indian Railways and could maintain himself. The Family Court allowed the application, granting Rs.5,000 per month maintenance and Rs.25,000 litigation expenses. The wife filed a writ petition under Article 227 of the Constitution of India. The High Court held that the Family Court erred in not considering the husband's capacity to maintain himself. The husband was well qualified and capable of securing employment, and thus not entitled to maintenance from the wife. The High Court set aside the Family Court's order and allowed the petition.
Headnote
A) Family Law - Interim Maintenance - Section 24 Hindu Marriage Act, 1955 - Husband's Entitlement - The issue was whether a husband, who is well qualified and capable of securing employment, can claim interim maintenance from his wife. The High Court held that the Family Court erred in granting maintenance without considering the husband's capacity to maintain himself. The husband, an engineer who had worked with Indian Railways, was able-bodied and qualified, and thus not entitled to maintenance from the wife. The order of the Family Court was set aside. (Paras 2-6)
B) Constitutional Law - Supervisory Jurisdiction - Article 227 of the Constitution of India - Scope of Interference - The High Court exercised its supervisory jurisdiction under Article 227 to correct an error of law by the Family Court. The Family Court had failed to consider the husband's ability to maintain himself, which was a relevant factor under Section 24 of the Hindu Marriage Act, 1955. The High Court held that such failure warranted interference. (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, set aside the order dated 17.07.2025 passed by the Family Court, Nagpur, and dismissed the husband's application for interim maintenance under Section 24 of the Hindu Marriage Act, 1955.
Law Points
- Section 24 Hindu Marriage Act
- 1955
- interim maintenance
- husband's entitlement
- able-bodied and qualified spouse
- capacity to maintain
- Article 227 of the Constitution of India
Case Details
WRIT PETITION NO. 5368 OF 2025
Prafulla S. Khubalkar, J.
Shri J.M. Gandhi for the petitioner, Shri M.D. Janabandhu for the respondent
Subscribe to unlock Case Details (Citation, Judge, Date & more)
Subscribe Now
Nature of Litigation
Writ petition under Article 227 of the Constitution of India challenging an order of the Family Court granting interim maintenance to the husband under Section 24 of the Hindu Marriage Act, 1955.
Remedy Sought
The petitioner wife sought to quash the order dated 17.07.2025 passed by the Family Court, Nagpur, directing her to pay interim maintenance of Rs.5,000 per month and litigation expenses of Rs.25,000 to the respondent husband.
Filing Reason
The wife felt aggrieved by the Family Court's order granting maintenance to the husband despite him being well qualified and capable of securing employment.
Previous Decisions
The Family Court, Nagpur, by order dated 17.07.2025, allowed the husband's application under Section 24 of the Hindu Marriage Act, 1955, directing the wife to pay interim maintenance of Rs.5,000 per month and litigation expenses of Rs.25,000.
Issues
Whether the husband, being well qualified and capable of securing employment, is entitled to interim maintenance from his wife under Section 24 of the Hindu Marriage Act, 1955.
Submissions/Arguments
The petitioner wife argued that the husband is an able-bodied and well qualified engineer who had worked with Indian Railways and is capable of maintaining himself. The application for maintenance was an instance of harassment.
The respondent husband sought maintenance of Rs.15,000 per month plus rent and litigation costs, claiming he was unable to maintain himself.
Ratio Decidendi
Under Section 24 of the Hindu Marriage Act, 1955, a spouse who is unable to maintain himself or herself can claim interim maintenance. However, a husband who is well qualified, able-bodied, and capable of securing employment is not entitled to maintenance from his wife. The Family Court erred in not considering the husband's capacity to maintain himself.
Judgment Excerpts
This petition highlights the issue of a husband’s entitlement to claim interim maintenance from his wife despite he being well qualified and capable of securing employment.
The husband is an able bodied and well qualified person having worked as Engineer with Indian railways and is in a position to maintain himself by securing a suitable employment.
Procedural History
The husband filed a divorce petition (A-508 of 2020) in the Family Court, Nagpur. He then filed an application under Section 24 of the Hindu Marriage Act, 1955 for interim maintenance. The Family Court allowed the application on 17.07.2025. The wife filed a writ petition under Article 227 of the Constitution of India in the Bombay High Court, Nagpur Bench, which was heard and allowed on 13.11.2025.
Acts & Sections
- Hindu Marriage Act, 1955: Section 24
- Constitution of India: Article 227
