Supreme Court: No Maintenance for Earning Wife, Daughter Gets ₹30 Lakh
In a recent ruling, the Supreme Court of India refused to grant maintenance to a wife who was earning a sufficient salary, but awarded ₹30 lakh to her daughter for her upbringing and future needs.
The decision was made by a bench of Justice Shantanagoudar and Justice Khanna on September 16, 2019.
Background of the Case
The case involved Kusum Bhatia and Sagar Sethi. On March 21, 2009, a Delhi court had granted divorce to the husband under Section 13(1)(ia) and (ib) of the Hindu Marriage Act (HMA), citing cruelty and desertion.
Kusum Bhatia (the wife) challenged the decision in the High Court, but the court upheld the divorce, noting that:
- The couple had lived separately for nearly 10 years.
- Several police and CAW cell complaints were filed.
- The marriage had completely broken down.
The High Court declared that there was no chance of reconciliation and confirmed the divorce.
Supreme Court Decision
The wife then approached the Supreme Court, but the Court dismissed her appeal. However, before doing so, it addressed the issue of maintenance.
The Court observed:
“Since the petitioner (wife) is working and earning a good salary, we decline to award her maintenance. But the daughter, Kumari Preksha, who is about 16 years old, should get maintenance.”
Final Orders by Supreme Court:
- The wife’s petition was dismissed.
- Kumari Preksha, the daughter, will receive ₹30 lakh as maintenance.
- The father, Sagar Sethi, must:
- Deposit ₹30 lakh within 8 weeks.
- Pay ₹10 lakh for her marriage and other expenses, with ₹5 lakh to be paid directly within 2 years.
- The entire amount for the child must be kept in a fixed deposit for four years.
- The interest from the deposit can be used by the mother for the child’s expenses.
- All legal disputes between the couple, including FIR No. 49/2007 at Vikas Puri Police Station, have been quashed.
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