The High Court of Delhi has stated that in cases where both spouses have equal incomes, interim maintenance cannot be granted to the wife under Section 24 of the Hindu Marriage Act.

The division bench of Justices Suresh Kumar Kait and Neena Bansal Krishna emphasized that the provision for interim maintenance in the Hindu Marriage Act is designed to assist either spouse in covering the costs of legal proceedings and to ensure their comfortable living during this period.

The High Court clarified that the proceedings under Section 24 of the Act are not meant to equalize the incomes of both spouses or to provide interim maintenance that matches the lifestyle of the other spouse.

The Court made these observations in the context of handling cross appeals filed against a family court order. The family court had directed the husband to pay Rs 40,000 per month for the child's maintenance but had declined to grant maintenance to the wife. 

The background of the case is that the parties got married in 2014, their son was born in 2016, and they separated in 2020.

The husband had requested the court to reduce the maintenance amount, while the wife sought maintenance of Rs 2 lakh for herself and an increase from Rs 40,000 to Rs 60,000 per month for the child.

The court took into account that the wife was earning a monthly salary of Rs 2.5 lakh, which was equivalent to the husband's  income. The court noted, "Though the husband may be earning in dollars, it cannot be overlooked that his expenditures are also in dollars. He has explained that he incurs monthly expenses of about $7000 and is left with little money for saving. His calculations are duly supported by the documents."

The Court, in its observation that the responsibility of child maintenance should be a shared responsibility between both parents, concluded that the interim maintenance for the child, initially set at Rs 40,000 per month, should be reduced to Rs 25,000 per month.