Case Note & Summary
The petitioner-husband, Shyam Yagnesh Sachdev, filed a Special Civil Application under Article 227 of the Constitution challenging the order dated 11.12.2025 passed by the learned Principal Judge, Family Court, Bhavnagar in Family Suit No.44 of 2022. The impugned order allowed the application filed by the respondent-wife under Section 24 of the Hindu Marriage Act, 1955, granting interim maintenance of Rs.25,000 per month to the wife and the minor child, Reyaan Shyam Sachdev, pending disposal of the husband's petition under Section 9 of the Act for restitution of conjugal rights. The marriage was solemnized on 23.01.2013 at Bhavnagar under Hindu rites. The couple resided together at Hyderabad with the husband's parents. On 17.08.2020, the wife left the matrimonial home with the son without assigning any reason and went to her parental home in Bhavnagar. The husband filed a petition under Section 9 of the Hindu Marriage Act at the Family Court, Hyderabad, which was later transferred to the Family Court, Bhavnagar by the Supreme Court. During the pendency of that petition, the wife filed an application under Section 24 of the Act seeking maintenance pendente lite for herself and the son. The Family Court allowed the application and granted Rs.25,000 per month. The husband challenged this order, arguing that the wife is capable of earning and that he has limited income. The High Court noted that the husband failed to produce any evidence of his income and had not paid the maintenance as directed. The Court held that the quantum of maintenance is reasonable and that the wife's potential earning capacity does not disentitle her to maintenance when she is not actually earning. The petition was dismissed.
Headnote
A) Family Law - Interim Maintenance - Section 24 Hindu Marriage Act, 1955 - Quantum of Maintenance - The Family Court granted Rs.25,000 per month to the wife and minor child pending disposal of the husband's petition for restitution of conjugal rights under Section 9 of the Act. The husband challenged the order on grounds of the wife's alleged earning capacity and his own limited income. The High Court upheld the order, noting that the husband failed to produce evidence of his income and had not paid the maintenance as directed. Held that the quantum is reasonable and the wife's potential earning capacity does not disentitle her to maintenance when she is not actually earning. (Paras 1-10)
Issue of Consideration
Whether the Family Court's order granting interim maintenance of Rs.25,000 per month to the wife and minor child under Section 24 of the Hindu Marriage Act, 1955 is justified and should be upheld.
Final Decision
The High Court dismissed the petition, upholding the Family Court's order granting interim maintenance of Rs.25,000 per month to the wife and minor child under Section 24 of the Hindu Marriage Act, 1955.
Law Points
- Interim maintenance under Section 24 Hindu Marriage Act
- 1955 is determined based on the status of the parties and the husband's income
- the wife's earning capacity is not a bar if she is not actually earning
- the husband's failure to pay maintenance as directed is a relevant factor.
