Case Note & Summary
The petitioner-husband filed a writ petition under Article 227 of the Constitution of India challenging an order dated 15 December 2015 passed by Family Court No.5, Pune, which directed him to pay interim maintenance of Rs.25,000 per month to the respondent-wife and provide a one BHK flat or pay Rs.15,000 per month as rent. The marriage was solemnized on 15 November 2013, and within two months, the wife left without consummation. The husband filed a petition for nullity of marriage on the ground of non-consummation. The wife then applied for interim maintenance under Section 24 of the Hindu Marriage Act, claiming Rs.1,00,000 per month. The Family Court, while allowing the application, considered the income of the petitioner's brother and assets in the brother's name. The High Court held that this was erroneous as Section 24 only permits consideration of the income and property of the spouse against whom maintenance is claimed. The impugned order was set aside and the matter remanded to the Family Court for fresh consideration in accordance with law. The court directed the Family Court to decide the application afresh within three months from the date of receipt of the order.
Headnote
A) Family Law - Interim Maintenance - Section 24 Hindu Marriage Act, 1955 - Consideration of Income of Relatives - The Family Court erred in considering the income of the petitioner's brother and assets standing in the brother's name while awarding interim maintenance to the wife. The court held that under Section 24, only the income and property of the spouse against whom maintenance is claimed can be considered, not that of relatives. The impugned order was set aside and the matter remanded for fresh consideration. (Paras 5-9)
Issue of Consideration
Whether the Family Court can consider the income of the petitioner's brother and his family assets while determining interim maintenance under Section 24 of the Hindu Marriage Act, 1955
Final Decision
The impugned order dated 15 December 2015 passed by Family Court No.5, Pune is set aside. The matter is remanded to the Family Court for fresh consideration of the application under Section 24 of the Hindu Marriage Act, 1955, in accordance with law, without being influenced by the observations made in this judgment. The Family Court is directed to decide the application within three months from the date of receipt of the order.
Law Points
- Interim maintenance under Section 24 Hindu Marriage Act must be based on spouse's own income and needs
- not on income of relatives
- Maintenance cannot be granted based on assets of brother or family members
- Section 24 requires consideration of both parties' income and property
