Case Note & Summary
The petitioner, Roma Rajesh Tiwari, wife of the respondent Rajesh Dinanath Tiwari, filed a writ petition challenging the order dated 26 May 2017 passed by the Family Court No.4, Mumbai, rejecting her application for interim maintenance. The parties were married on 27 April 2009 and have a daughter named Aarna. The wife alleged that she was subjected to cruelty and driven out of the matrimonial home, and she had no source of income to maintain herself and her daughter. She claimed that the monthly expenses of her daughter were Rs.20,000, and the husband was employed with Allied Digital Service Private Limited since August 2004 with a sound financial position. The Family Court rejected her application on the ground that she had not proved her need and the husband's income. The High Court observed that the Family Court had not applied its mind to the evidence on record, including the husband's salary slips showing his income, and the wife's need for maintenance. The High Court held that the rejection was unsustainable and set aside the order, directing the Family Court to decide the application afresh, considering the wife's need and the husband's income. The High Court also directed the Family Court to expedite the hearing and decide the application within three months.
Headnote
A) Family Law - Interim Maintenance - Section 125 CrPC, Section 24 Hindu Marriage Act, 1955 - Rejection of Maintenance - The Family Court rejected the wife's application for interim maintenance on the ground that she had not proved her need and the husband's income, but the High Court held that the Family Court failed to apply its mind to the evidence on record, including the husband's salary slips showing his income, and the wife's need for maintenance for herself and her minor daughter. The High Court set aside the order and directed the Family Court to decide the application afresh, considering the wife's need and the husband's income. (Paras 1-20)
Issue of Consideration
Whether the Family Court was justified in rejecting the wife's application for interim maintenance under Section 125 CrPC and Section 24 of the Hindu Marriage Act, 1955, without proper application of mind to the wife's need and the husband's income.
Final Decision
The High Court allowed the writ petition, set aside the order dated 26 May 2017 passed by the Family Court No.4, Mumbai, and directed the Family Court to decide the application for interim maintenance afresh, considering the wife's need and the husband's income, within three months.
Law Points
- Interim maintenance is a summary remedy to prevent vagrancy and destitution
- Family Court must consider wife's need and husband's income
- Rejection of maintenance without application of mind is unsustainable
- Section 125 CrPC
- Section 24 Hindu Marriage Act
- 1955
