Case Note & Summary
The petitioner-husband filed a writ petition under Articles 226 and 227 of the Constitution of India challenging the order dated 07.09.2015 passed by the Principal Judge, Family Court, Hubli, on an interim application under Section 24 of the Hindu Marriage Act, 1955, granting interim maintenance of Rs.2,000/- per month to the respondent-wife. The parties were married on 30.05.2013 as per Hindu customs. In April 2015, the wife filed Criminal Misc. Case No.39/2015 under Section 125 Cr.P.C. before the JMFC, Kundagol, alleging dowry demand and refusal to maintain, and the JMFC granted maintenance of Rs.2,000/- per month. Subsequently, the husband filed M.C.No.60/2015 under Section 13(1a) and (1b) of the Hindu Marriage Act for dissolution of marriage. During the pendency of that case, the wife filed an application under Section 24 of the Act seeking interim maintenance of Rs.8,000/- per month and litigation expenses of Rs.25,000/-. The Family Court granted interim maintenance of Rs.2,000/- per month. The husband contended that the wife was earning and that he had no income, but the Court found that the husband failed to disclose his true income and that the wife is entitled to maintenance. The High Court dismissed the writ petition, holding that the Family Court's order was just and proper, and directed the husband to pay the maintenance regularly.
Headnote
A) Family Law - Interim Maintenance - Section 24 of Hindu Marriage Act, 1955 - Quantum of Maintenance - The husband filed a writ petition challenging the order granting interim maintenance of Rs.2,000/- per month to the wife. The Court held that the husband failed to disclose his true income and that the wife is entitled to maintenance during the pendency of the matrimonial case. The Court dismissed the petition, upholding the Family Court's order. (Paras 1-6)
B) Family Law - Maintenance - Burden of Proof - Section 24 of Hindu Marriage Act, 1955 - The Court held that the husband, who is the earning member, has the burden to disclose his income and cannot avoid liability by merely alleging that the wife is earning. The Court noted that the husband did not produce any material to show the wife's income. (Paras 4-5)
Issue of Consideration
Whether the Family Court was justified in granting interim maintenance of Rs.2,000/- per month to the wife under Section 24 of the Hindu Marriage Act, 1955, when the husband contended that the wife was earning and that he had no income.
Final Decision
The High Court dismissed the writ petition, holding that the Family Court's order granting interim maintenance of Rs.2,000/- per month to the wife was just and proper. The Court directed the husband to pay the maintenance regularly.
Law Points
- Interim maintenance under Section 24 of Hindu Marriage Act
- 1955
- Burden on husband to disclose income
- Maintenance cannot be denied on ground of wife's independent income
- Quantum of maintenance based on status of parties
Case Details
2016 LawText (KAR) (02) 2
Writ Petition No.114192/2015 (GM-FC)
Sri. Ravi S. Mattur (for petitioner)
Shri. Ravikumar S/O Vasanthkumar Kattimani
Smt. Soubhagyalaxmi @ Laxmi W/O Ravikumar Kattimani
Subscribe to unlock Case Details (Citation, Judge, Date & more)
Subscribe Now
Nature of Litigation
Writ petition under Articles 226 and 227 of the Constitution of India challenging an order granting interim maintenance under Section 24 of the Hindu Marriage Act, 1955.
Remedy Sought
The petitioner-husband sought to quash the order dated 07.09.2015 passed by the Principal Judge, Family Court, Hubli, on I.A. in M.C. No.60/2015 granting interim maintenance of Rs.2,000/- per month to the respondent-wife.
Filing Reason
The husband contended that the wife was earning and that he had no income, and therefore the Family Court erred in granting interim maintenance.
Previous Decisions
The JMFC, Kundagol, in Criminal Misc. Case No.39/2015 under Section 125 Cr.P.C., had granted maintenance of Rs.2,000/- per month to the wife. The Family Court, Hubli, in M.C. No.60/2015, granted interim maintenance of Rs.2,000/- per month under Section 24 of the Hindu Marriage Act.
Issues
Whether the Family Court was justified in granting interim maintenance of Rs.2,000/- per month to the wife under Section 24 of the Hindu Marriage Act, 1955?
Whether the husband's failure to disclose his true income and the wife's alleged earning affect the grant of maintenance?
Submissions/Arguments
The petitioner-husband argued that the wife is earning and that he has no income, and therefore the Family Court erred in granting interim maintenance.
The respondent-wife contended that the husband failed to disclose his true income and that she is entitled to maintenance during the pendency of the matrimonial case.
Ratio Decidendi
Under Section 24 of the Hindu Marriage Act, 1955, a spouse is entitled to interim maintenance during the pendency of matrimonial proceedings. The husband, being the earning member, has the burden to disclose his income, and failure to do so cannot be a ground to deny maintenance. The quantum of maintenance is based on the status of the parties and the husband's ability to pay.
Judgment Excerpts
The husband filed the above writ petition against the order dated 07.09.2015 passed by the Principal Judge, Family Court, Hubli, on the interim application filed under Section 24 of the Hindu Marriage Act, 1955, granting an interim maintenance of Rs.2,000/- to the respondent-wife.
The husband has not disclosed his true income and the wife is entitled to maintenance during the pendency of the matrimonial case.
Procedural History
The wife filed Criminal Misc. Case No.39/2015 under Section 125 Cr.P.C. before the JMFC, Kundagol, which granted maintenance of Rs.2,000/- per month. The husband then filed M.C.No.60/2015 under Section 13(1a) and (1b) of the Hindu Marriage Act for dissolution of marriage. During the pendency of that case, the wife filed an application under Section 24 of the Act for interim maintenance. The Family Court granted interim maintenance of Rs.2,000/- per month. The husband challenged this order by filing the present writ petition under Articles 226 and 227 of the Constitution of India.
Acts & Sections
- Hindu Marriage Act, 1955: Section 24, Section 13(1a), Section 13(1b)
- Code of Criminal Procedure, 1973: Section 125
- Constitution of India: Article 226, Article 227
