The Allahabad High Court stated that if a wife is staying away from her husband without a valid reason, it does not need a court decision to grant temporary maintenance.
The Allahabad High Court has stated that it is not necessary to determine if a wife is living apart from her husband without a valid reason when deciding on pendente lite maintenance. The Court rejected the Husband’s appeal against the Family Court’s decision to grant temporary maintenance to the Wife. The Family Court had approved the Wife’s request for pendente lite maintenance under Section 24 of the Hindu Marriage Act, 1955, after the Husband filed for divorce under Section 13 of the same Act. A Division Bench, consisting of Justice Vivek Chaudhary and Justice Om Prakash Shukla, noted that there was no evidence showing that the wife had no independent income, while it was established that the Husband, a colonel in the Indian Army, earned a good salary. The Court found no reason to challenge the Family Court’s decision to award the Wife Rs.50,000 for her response and Rs.10,000 plus Rs.500 for each hearing, to be paid within 30 days by the Husband. The Court concluded that there was no error in the Family Court’s order that warranted intervention.
Advocate Prachish Pandey represented the Husband. He argued against the Family Court’s decision, claiming that the Court overlooked the fact that the Wife was living apart without a valid reason. He also pointed out that the Husband was already required to provide monthly maintenance to his family.
The High Court explained that the Family Court only approved the expenses the wife would incur during the divorce case. Therefore, any money spent on the children’s maintenance would not affect the expenses the wife needed to cover in the Family Court. The Court stated, “A husband’s duty to support his wife begins at marriage, while his duty to support his children starts at their birth. These responsibilities are required by law and are also moral obligations. It would be ‘immoral’ and ‘illegal’ to refuse them maintenance. We believe it is a sacred duty for a capable husband or father to provide for his wife and children in all situations.”
The Lucknow Bench noted, “In this case, without deciding if the wife is living away from the husband for a valid reason, we must assess the wife’s needs based on Section 24 of the Hindu Marriage Act. This includes checking if she has enough independent income to support herself.” The Court further clarified, “The purpose of Section 24 is to ensure that a spouse receives financial help during the legal proceedings, allowing them to maintain themselves and have enough resources to pursue their case without suffering due to lack of funds.”
As a result, the Court concluded, “Therefore, there is no error in the order. For these reasons, we do not see a reason to interfere with the current Appeal.” The High Court then dismissed the Appeal.
Cause Title: A v. N (Neutral Citation: 2024:AHC-LKO:74139-DB)
