Wife not entitled to interim maintenance when both spouses are qualified, earning equally: Delhi High Court

The Delhi High Court recently ruled interim maintenance cannot be awarded to the wife under Section 24 of the Hindu Marriage Act,1955 when both spouses possess the same qualifications and are earning equally..Justices Suresh Kumar Kait and Neena Bansal Krishna emphasized that the purpose of Section 24 is to ensure that neither spouse faces financial constraints during a matrimonial case which could prevent them from participating fully due to a lack of financial resources..“We observe that in the present case, where both the spouses are equally qualified and are earning equally, interim maintenance cannot be granted to the wife under Section 24 of the Act ... The proceedings under Section 24 of the Act are not intended to equalize the income of both the spouses or to give an interim maintenance which is commensurate to maintain a similar life style as the other spouse as has been observed by this Court in the case of K.N. vs. R.G,” the Court's October 11 judgment said..The Court was hearing two appeals filed by the husband and his estranged wife after a family court directed the husband to provide ₹40,000 per month for the child's maintenance, but denied the wife's request for maintenance..The couple married in 2014, and their son was born in 2016. They separated in 2020.The husband sought a decrease in the maintenance amount payable for the child, whereas the wife demanded maintenance of ₹2 lakh for her own support. The wife also urged the High Court to increase in the child's maintenance from ₹40,000 to ₹60,000 per month..The Court observed that both the wife and the husband held high qualifications. The wife's monthly salary was ₹2.5 lakhs, while the husband's earnings were $ 7,134 per month which, when converted to Indian rupees, amounted to a sum equivalent to the wife's income, the Court noted further.“Though the husband may be earning in dollars, but it cannot be overlooked that his expenditure is also in dollars. He has explained that he has a monthly expense of about USD 7000 and is left with little money for saving. His calculations are duly supported by the documents,” the Court added..Consequently, taking into account the income of both the wife and the husband, and recognizing the joint responsibility of maintaining the child, the Court determined that the interim maintenance payable by the husband for the child should be decreased to ₹25,000 per month..Accordingly, the Court disposed of both the appeals.Advocates Anuj Arora and Pardeep Sharma represented the wife. Advocate Somvir Singh Deshwa represented the husband..[Read Judgment]