Case Note & Summary
The petitioner, Amol Chandrakant Mahamuni, filed a writ petition challenging the order dated 31st August 2015 passed by the learned trial Judge granting interim maintenance of Rs. 1,500 per month to his wife, the respondent Swati Amol Mahamuni, under Section 24 of the Hindu Marriage Act, 1955. The petitioner contended that he was jobless and therefore not liable to pay maintenance. He also claimed that the respondent had stayed with him only for two months, that he had previously married and divorced, making the respondent his second wife, and that the respondent had raised unnecessary disputes and filed false complaints against his mother, a retired Senior Police Inspector. He further challenged the order dated 15th February 2017 issuing a warrant for recovery of arrears of maintenance. The respondent, represented by legal aid counsel, defended the impugned order and pointed out that the petitioner had on 1st July 2017 made a statement to deposit the entire arrears but failed to do so. The court held that the mere assertion of being jobless is insufficient to avoid liability for maintenance; the husband must produce material evidence to prove his inability to pay. The court noted that the petitioner had deposited Rs. 15,000 towards arrears, indicating some capacity to pay. The court found no merit in the petition and dismissed it, along with the civil application for stay. The court directed the petitioner to continue paying interim maintenance as per the impugned order and to clear any arrears within a specified period.
Headnote
A) Family Law - Interim Maintenance - Section 24 Hindu Marriage Act, 1955 - Burden of Proof - The husband challenged the interim maintenance order of Rs. 1,500 per month granted to the wife, claiming he was jobless and unable to pay. The court held that the mere assertion of being jobless is insufficient; the husband must produce material evidence to prove his inability to pay. The court also noted that the husband had deposited Rs. 15,000 towards arrears, indicating some capacity to pay. The petition was dismissed. (Paras 2-5) B) Family Law - Recovery of Maintenance - Warrant for Arrears - The husband also challenged the order issuing a warrant for recovery of arrears of maintenance. The court found no merit in the challenge as the husband had made a statement to deposit the entire arrears but failed to comply. The civil application for stay was also dismissed. (Paras 3-5)
Issue of Consideration
Whether the husband's claim of being jobless and unable to pay maintenance is sufficient to set aside the interim maintenance order granted to the wife under Section 24 of the Hindu Marriage Act, 1955.
Final Decision
The writ petition and civil application are dismissed. The petitioner is directed to continue paying interim maintenance as per the impugned order and to clear any arrears within a specified period.
Law Points
- Interim maintenance
- burden of proof
- inability to pay
- Section 24 Hindu Marriage Act
- 1955
- Section 125 CrPC
