Landmark Judgment on Interim Maintenance in Divorce Proceedings

Landmark Judgment on Interim Maintenance in Divorce Proceedings

Landmark Judgment on Interim Maintenance in Divorce Proceedings

In a significant ruling by the High Court of Delhi, a judgment on interim maintenance in divorce cases was pronounced on March 28, 2024. The case, MAT.APP.(F.C.) 87/2019, involved Mr. Sanjay Kumar Baranwal (‘Husband’) and Mrs. Bhavna Kumari (‘Wife’). The judgment revolved around the application of Section 24 of the Hindu Marriage Act, 1956 (HMA), concerning pendente lite maintenance during divorce proceedings.

Assessment of Interim Maintenance

The dispute arose from the Family Court’s order directing the Husband to pay Rs. 66,000 per month as interim maintenance to the Wife and their two daughters. The assessment considered the Husband’s disposable income, pegged at Rs. 1,10,000 per month, leading to the maintenance allocation.

Grounds for Modification

Subsequently, the Husband sought modifications citing various grounds, including a reduction in his salary, medical ailments, and the employment status of their elder daughter. However, the court scrutinized the claims, considering evidence such as salary slips and the daughter’s employment status.

Key Rulings and Modifications

After careful consideration, the court decided to reduce the interim maintenance from Rs. 66,000 to Rs. 44,000 per month, considering the daughter’s employment from July 2023. The judgment emphasized fair assessment and adjustments based on evolving circumstances.

Ensuring Timely Disposition

The court also directed the expeditious resolution of the divorce petition filed in 2018, urging the Family Court to prioritize the matter. This ruling underscores the importance of timely resolution in matrimonial disputes.


This landmark judgment provides clarity on interim maintenance in divorce cases, emphasizing fair assessment and adaptability to changing circumstances. It sets a precedent for future cases and highlights the court’s commitment to swift and equitable justice.

This summary provides an overview of the judgment, highlighting key legal aspects and modifications made by the court regarding interim maintenance in divorce proceedings.

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