High Court Decision on Family Maintenance
On July 3, 2024, the High Court of Delhi addressed an appeal concerning interim maintenance under Section 24 of The Hindu Marriage Act, 1955. This appeal was made by a husband challenging a Family Court’s order that required him to provide financial support to his estranged wife and child.
Background of the Case
The couple in question married on November 8, 2019, and separated on July 8, 2020. They have a child born on August 20, 2020, who currently resides with the wife. In response to the wife’s application under Section 24 of The Hindu Marriage Act, the Family Court had earlier decided that the husband should pay Rs.10,000 per month as interim maintenance. This order was meant to be effective from the date of the application until the final decision of their divorce case.
The Family Court also mandated that the husband make these payments by the 10th of each month and clear any outstanding arrears within three months. The husband, currently earning Rs.12,000 per month from a new job, had previously earned Rs.75,000 per month before leaving his former employment in March 2022.
Court’s Analysis and Decision
The High Court reviewed the appeal and the supporting documents. The husband’s lawyer argued that the lower maintenance amount was unfair given the husband’s current low income. However, the Court found inconsistencies in the husband’s claims about his earnings. Despite evidence showing his previous higher earnings and the nature of his current freelance work, the Court was not persuaded that the interim maintenance amount was excessive.
The Court noted that the husband’s significant reduction in income from Rs.75,000 to Rs.12,000 seemed dubious and suggested that the husband might have deliberately reduced his earnings to minimize his maintenance obligations. Given the need to support both the wife and the young child, the High Court decided to uphold the Family Court’s decision.
The appeal was dismissed, and the earlier order for interim maintenance was confirmed, ensuring that the wife and child continue to receive the financial support deemed necessary for their well-being during the divorce proceedings.
