In a recent decision, the Supreme Court ruled that a wife with a sufficient salary is not entitled to maintenance, though it did award maintenance to the daughter.
The order was passed by a bench of Justice Shantanagoudar and Justice Khanna on September 16, 2019.
A decree of dissolution of marriage was initially issued on March 21, 2009, in case HMA 128/2008 by the Additional District Judge (ADJ) in Delhi. The ADJ allowed the petition under Section 13(1)(ia) and (ib) of the Hindu Marriage Act (HMA), favoring the husband.
The wife challenged this decree in the high court, which upheld the divorce. The high court noted that the couple had lived apart for about 10 years and had filed various police complaints against each other. It stated, “There appears to be no possibility of the revival of the matrimonial relationship, and the marriage is as good as dead. The irretrievable breakdown is the result of the conduct of both parties.”
The wife then took the case to the Supreme Court, which dismissed the petition. However, the Supreme Court did address the issue of maintenance before doing so.
The Supreme Court observed, “Having heard learned counsel for both sides on merits, we do not find any ground to interfere in the impugned order. In our considered opinion, the interest of justice would be met if the child, Kumari Preksha (aged about 16 years), is awarded maintenance. Since the petitioner is a working lady with sufficient salary, we decline to award any maintenance in her favor.”
The court issued the following orders:
- The special leave petition stands dismissed. However, the daughter, Kumari Preksha, is entitled to a maintenance of Rs. 30,00,000 (Rupees Thirty Lakhs Only), to be deposited within eight weeks.
- The father, Sagar Sethi, shall pay Rs. 10,00,000 towards the marriage and other expenses of the child, with Rs. 5,00,000 to be paid directly to the child by demand draft within two years.
- The petitioner is directed to keep the maintenance amount for Kumari Preksha in a fixed deposit for four years. The petitioner may use the interest for the child’s maintenance and other expenses.
- All litigation between the parties, including FIR no. 49/2007 lodged at Vikas Puri police station, is quashed in view of this order.
