The Delhi High Court emphasized the entitlement of a wife to the same comforts and provisions she enjoyed in her marital home. This observation came during a case where the Court was reviewing an appeal challenging a Family Court's decision. The Family Court had ordered the husband to provide maintenance for the minor child but had denied interim maintenance to the wife who appealed the decision.

A Division Bench comprising Justice V. Kameswar Rao and Justice Anoop Kumar Mendiratta affirmed that the wife is entitled to the same standard of living she would have had in her marital home. They noted that in the case at hand, the wife was compelled to reside in a rented place and shoulder all expenses related to the child's education, extracurricular activities, medical needs, and other uncertainties. While acknowledging the joint responsibility for the child's maintenance, the court emphasized the necessity to realistically assess these expenses in consideration of the parties' status.

Case Brief -

The appellant filed for divorce citing cruelty and desertion, also requesting maintenance under Section 24 of the Hindu Marriage Act. Initially, the respondent agreed to mutual consent divorce but later became absent from the proceedings, resulting in an ex-parte proceeding. The appellant, holding an MBA and LLB, claimed a monthly income from her business and rental property, seeking Rs. 75,000/- per month as maintenance. The Court noted a delay in addressing the maintenance application and stressed the importance of swiftly resolving such cases.

The Court recognized the appellant's income but highlighted that the wife's entitlement to maintenance depended on the comprehensive financial situation, taking into account the expenses related to the child.

The Court said, “merely because the wife is earning, it does not automatically operate as an absolute bar for awarding the maintenance. The parameter remains whether her source of income is sufficient to enable her to maintain herself along with minor child.''

The Court altered the previous order, awarding the wife a maintenance of Rs. 15,000/- per month and retaining Rs. 20,000/- per month for the child from the date of application till the proceedings' disposal. The respondent was directed to clear arrears.

Cause Title: Nidhi Sudan v. Manish Kumar Khanna, [2023: DHC: 8598-DB]