In a recent ruling, the Supreme Court declined to award maintenance to a wife who was earning a sufficient salary. However, the court ordered a substantial maintenance amount for the couple’s daughter. The bench, consisting of Justice Shantanagoudar and Justice Khanna, passed the ruling on September 16, 2019.
The case initially began when a divorce decree was granted in favor of the husband on March 21, 2009, under Section 13(1)(ia) and (ib) of the Hindu Marriage Act (HMA), by an Additional District Judge in Delhi. The wife challenged the divorce in the High Court, but the court upheld the decision, citing the irretrievable breakdown of the marriage.
The High Court emphasized that the couple had been living apart for nearly a decade, with multiple police and family complaints filed during that time. It concluded that there was no chance of the relationship being revived, and granted the husband the divorce.
The wife then took the case to the Supreme Court. Although the court dismissed her petition, it addressed the issue of maintenance for the couple’s daughter. The court ruled that since the wife was financially independent and had a sufficient salary, she did not qualify for maintenance. However, the court ordered the husband to provide ₹30 lakhs for their daughter, Kumari Preksha, who was around 16 years old at the time.
The Supreme Court also directed the father to pay an additional ₹10 lakhs towards their daughter’s marriage and future expenses. A portion of this sum—₹5 lakhs—was to be paid directly to the child within two years.
The court ordered that the ₹30 lakhs for the daughter be placed in a fixed deposit for four years, with the mother allowed to use the interest for the child’s expenses. All ongoing legal disputes between the couple, including an FIR filed in 2007, were quashed as part of the settlement.
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