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You are here: Home » Uncategorized » Judgment Delhi court:No maintenance to qualified wife under 24 HMA

Judgment Delhi court:No maintenance to qualified wife under 24 HMA

18 Jul 2009 By videv 15 Comments

This 2007 judgment of Delhi court had denied maintenance to wife under Section 24 of Hindu Marriage Act (HMA).  Basically she failed to disclose her own qualifications and that could be construed as coming with “unclean hands” in front of court.  As of now, Delhi has a mandatory disclosure of income/expense/asset/liabilities affidavit for all cases filed in family court.

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Important grounds on which maintenance was rejected:

In her entire application the applicant/ wife has no where stated that she is also an engineer graduate in the field of Information Technology and that she also joined the job after her marriage. Those seeking justice and equity from the Court must come to the court with clean hands. It seems that for obvious reasons and to extract money the applicant/ wife has not disclosed her true qualifications in the Court. The applicant/ wife is an engineer graduate and, therefore, can very well maintain herself and there is no need for her to depend upon the mercy of her parents or on the non-applicant/ husband. The purpose of Section 24 of H.M. Act is not to extract money from the other party and the court should not be a forum to extract the money or to blackmail the other party.

Read full judgment text below:


IN THE COURT OF MS. MADHU JAIN

ADDL. DISTRICT JUDGE
ROHINI COURT : DELHI
M No. 28/07
Sh. Neeraj Aggarwal – Petitioner
Vs.
Mrs. Veeka Aggarwal – Respondent

ORDER
1.. This is an order on application under Section 24 of Hindu Marriage Act filed by the applicant/
wife, respondent in the main case (hereinafter referred to as the applicant) against the non-applicant/
husband, petitioner in the main case (hereinafter referred to as the non-applicant) for grant of
maintenance pendentelite and for litigation expenses.
2.. In the application it is stated that the applicant/ wife has no independent source of income and
she is not given any kind of maintenance by the non-applicant/ husband to live her life properly and
therefore she is facing much hardship in the life. The non-applicant/ husband has flatly refused to
maintain her. The non-applicant/ husband is working in a private sector as a Senior Software
Engineer HPC in STM Microelectronics Pvt. Ltd., Plot No.1 A, Knowledge Park-2 (near LG Gol
Chakkar), Greater Noida and is earning about Rs. 80,000/-pm. He has no other liability and he is
not discharging his responsibilities towards the applicant/ wife with ulterior motives to harass and
humiliate the applicant/ wife. The applicant/ wife is the legally wedded wife of the non-applicant/
husband and, thus, being a husband, he is bound to maintain the applicant/ wife. The applicant/ wife
is fully dependent on the mercy of her parents, who are having other liabilities also and she has no
independent source of income to maintain herself. It is, therefore, prayed that the non-applicant/
husband be directed to pay a sum of Rs. 30,000/-pm as maintenance allowance pendentelite to the
applicant/ wife and expenses of proceedings.
3.. The application has been contested by the non-applicant/ husband, who in his reply has stated
that the applicant/wife is a well qualified graduate Engineer in the field of information Technology
and just after the marriage she had joined the service of a private firm and was drawing a handsome
salary as initially she was taking Rs. 5000/-pm. Now-a-days she is competent and qualified to earn
thousands of rupees per month. She is a qualified trained engineer and she is self stand financially in
all respects. The non-applicant/ husband has never neglected or refused to maintain her in any
manner and she was duly maintained during her stay in her matrimonial home. The non-applicant/
husband is still ready and willing to provide financial assistance or maintenance if required or needed
by her for any purpose in any manner. It is not denied that the non-applicant/ husband is also a
qualified engineer and is employed in Greater Noida, U.P. but the actual amount of monthly salary
being drawn by him is Rs. 45,000/-pm. It is stated that he has to maintain his retired father and
ailing, diabetic mother and old grandmother and also to treat his two married sisters and to look-after
his younger unmarried under-education sister of marriageable age as his younger sister is doing B.Ed.
from a regular college. He is also paying loan premiums and other household expenses. The
applicant/ wife has herself deserted her matrimonial home without any threats or atrocities caused to
her by her in-laws and she is not returning to her matrimonial home despite the petition for
restitution of conjugal rights filed by the non-applicant/ husband. It is stated that the non-applicant/
husband is publicly and openly as well as warmly welcoming the applicant/ wife to her matrimonial
home but she has started demanding maintenance sitting in her parental home to feed her greedy
parents and selfish relatives instead of returning to her matrimonial home and to assist the non-
applicant/ husband and her other in-laws in her matrimonial home at the time of need. It is stated
that the conduct, attitude and nature of the applicant/ wife is of such type that she is not entitled for
any maintenance. Further more, she has also filed a separate petition U/s 125Cr. P.C. for
maintenance only with a view to get the non-applicant/ husband harassed in a criminal court. It is
stated that the applicant/ wife is not a helpless or poor lady and she is not incapable to maintain
herself as she is a well qualified engineer and is already an earning hand. She is handing over all her
income to her parents. She does not require any monastery assistance from the non-applicant/
husband as she is already having a good bank balance in State Bank of Bikaner & Jaipur at Rohini,
Sector-5, Delhi , bearing A/c No. 61005521399 and several other bank accounts also. She also has
some immovable properties in her name. It is denied that she requires Rs. 30,000/- as maintenance
and other charges as prayed. It is, therefore, prayed that the application be dismissed with heavy cost.
4.. I have heard the Ld. Counsel for both the parties and have carefully perused the record.
5.. During the course of arguments it has not been denied by the Counsel for the applicant/ wife that
the applicant/ wife herself is an engineer graduate in the field of Information Technology. Ld.
Counsel for the applicant/ wife submitted that the applicant/ wife submitted that the applicant/ wife
joined the job for some time after the marriage but thereafter due to the marital disputes she is not in
a position to pursue her job and has left the same. In her entire application the applicant/ wife has no
where stated that she is also an engineer graduate in the field of Information Technology and that she
also joined the job after her marriage. Those seeking justice and equity from the Court must come to
the court with clean hands. It seems that for obvious reasons and to extract money the applicant/ wife
has not disclosed her true qualifications in the Court. The applicant/ wife is an engineer graduate
and, therefore, can very well maintain herself and there is no need for her to depend upon the mercy
of her parents or on the non-applicant/ husband. The purpose of Section 24 of H.M. Act is not to
extract money from the other party and the court should not be a forum to extract the money or to
blackmail the other party. In II (2000) DMC 170 titled as Mamta Jaiswal Vs. Rajesh Jaiswal, the
Hon’ble Madhya Pradesh High Court has observed as under:-
“Section 24 – Pendente Lite Alimony : Purpose of Enactment : Not meant for supporting
idle (Qualified) spouses waiting for ‘Dole’ to be Awarded by her husband – Section 24 has
been enacted for purpose of providing monetary assistance to such spouse who is incapable
of supporting himself/ herself in spite of sincere efforts – Spouse well qualified to get service
immediately with less efforts is not expected to remain idle to squeeze out his/her purse by
cut in nature of pendent elite alimony – Wife well qualified woman possessing qualification
like M.Sc., M.C. M.Ed – How can such a lady remain without service – lady who is fighting
matrimonial petition filed for divorce, cannot be permitted to sit idle and put her burden on
husband for demanding – pendente lite alimony from him during pendency of matrimonial
petition.”
6.. In I (2001) DMC 19 titled Sangitaben Rasiklal Jaiswal Vs. Sanjay Kumar Ratilal Jaiswal,
Mehsana, the Hon’ble Gujarat High Court has held that the wife is entitled for Free Legal Aid and
therefore, the Court should keep in mind that wife is entitled for free legal services also.
7.. In the present case the applicant/ wife is a well qualified engineer and, therefore, there is no need
for her to sit idle at home waiting for the maintenance from the non-applicant/ husband. In the
peculiar facts and circumstances of the case since the applicant/ wife is well qualified and, therefore,
can earn handsome amount by working and there is no need for her to be financially dependent upon
her parents or on the non-applicant/ husband, she is not entitled for any maintenance. While hearing
arguments on the application it was ordered that the maintenance shall be granted to the wife till the
disposal of the petition. This sentence in order sheet dated 27.08.2007 only means that the wife is
entitled for the maintenance from the date of filing of the application till the disposal of the main
petition and not thereafter. It no where reflects that the wife shall be entitled to maintenance I every
case come
what may.
8.. Therefore, in view of the above said discussion, the application U/s 24 Hindu Marriage Act of the
applicant/ wife is dismissed. There shall be no orders as to cost. File be consigned to Record Room.

READ:  DV Act (PWDVA) applicable against female relatives of man

Announced in Open Court

Dated : 19.09.2007

In her entire application the applicant/ wife has no

where stated that she is also an engineer graduate in the field of Information Technology and that she
also joined the job after her marriage. Those seeking justice and equity from the Court must come to
the court with clean hands. It seems that for obvious reasons and to extract money the applicant/ wife
has not disclosed her true qualifications in the Court. The applicant/ wife is an engineer graduate
and, therefore, can very well maintain herself and there is no need for her to depend upon the mercy
of her parents or on the non-applicant/ husband. The purpose of Section 24 of H.M. Act is not to
extract money from the other party and the court should not be a forum to extract the money or to
blackmail the other party. In II (2000) DMC 170 titled as Mamta Jaiswal Vs. Rajesh Jaiswal, the
Hon’ble Madhya Pradesh High Court has observed as under:-
“Section 24 – Pendente Lite Alimony : Purpose of Enactment : Not meant for supporting
idle (Qualified) spouses waiting for ‘Dole’ to be Awarded by her husband – Section 24 has
been enacted for purpose of providing monetary assistance to such spouse who is incapable
of supporting himself/ herself in spite of sincere efforts – Spouse well qualified to get service
immediately with less efforts is not expected to remain idle to squeeze out his/her purse by
cut in nature of pendent elite alimony – Wife well qualified woman possessing qualification
like M.Sc., M.C. M.Ed – How can such a lady remain without service – lady who is fighting
matrimonial petition filed for divorce, cannot be permitted to sit idle and put her burden on
husband for demanding – pendente lite alimony from him during pendency of matrimonial
petition.”

Questions about this Article?

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  4. How to assess maintenance amount likely to be ordered in CrPC 125 or HMA 24

Filed Under: Uncategorized Tagged With: DV Act Judgments, Family Law, HMA, Maintenance

Comments

  1. Prakash says

    November 2, 2017 at 6:17 am

    Interim passed in 2012 in dv matter sum of rupees 13000 and I challenge it in session court session court said in order if concent term withdrawn in family court then only 13000 but concent term was not withdrawn
    Later wife challenge the matter in high court and high court stage the matter and said pay continue dv matter amount in mean while 125 crp was final 10000 per month
    And lastly finally order was passed in high court both the order followed dv matter13000 it’s an interim and 125
    This order was on single bench high court.
    Now can I filled on double bench in high court ya next to supreme court

    Reply
    • videv says

      November 7, 2017 at 4:27 pm

      You should check with advocate only

      Reply
  2. sl says

    May 24, 2016 at 3:55 pm

    Sir, I got married on 18-05-2013 and started living with my wife at a place far away from my native place. On 03-09-2014, my wife asked her father to take her home. She left my home on the same day ( 03-09-2014) and also took with her all her belongings like ornaments, clothes, etc. from my house.
    Then she and her family had spread rumours that I tortured her physically, I kept her like a servant. She does not want to come back to my home and asked to give money to her if I want divorce from her.

    Now, she has filed petition u/s 13 of Hindu Marriage Act for divorce. She has also applied for Interim Maintenance u/s 24.

    She has completed B.Com., B.Ed., M.Com. and she is in the final year of CA ( Chartered Accountant).
    Her Article Ship of CA Final Year is also completed.

    Can she ask for the Interim Maintenance? Can I say in the court that she is highly educated and capable to do a job so she can not ask for the Interim Maintenance from me.

    Kindly give details of cases similar to mine and their judgments, if available.

    I will be very thankful to you.

    Thank you.

    Reply
    • videv says

      May 25, 2016 at 9:41 am

      >>Can she ask for the Interim Maintenance?

      Law gives right to women to file maintenance petitions, so “can she ask maintenance” will always be a yes.

      >>Can I say in the court that she is highly educated and capable to do a job so she can not ask for the Interim Maintenance from me.

      Woman filing divorce is actually good, because husband is relieved of pressure of having to justify why he filed divorce.. it’s much easier to deny allegations in her divorce petition.

      CA qualification is a highly professional one so she can easily earn, and such women shouldn’t be allowed to sit at home for no good reason and steal from husband’s pocket after filing divorce… But you have to develop a combative attitude, and submit your points vigorously to court.

      For judgments, you can search this site and internet. I can’t send specific judgments

      Reply
      • PRATEEK MISHRA says

        October 28, 2017 at 10:08 am

        hi videv me from lucknow my case is as well as your i want to contact you .plz give me call on 8419898533

        Reply
        • videv says

          October 30, 2017 at 1:43 pm

          Friend, once you file divorce it’s entirely your own problem to handle maintenance (HMA 24), settlement, alimony etc, because usually it’s seen that people take the time and legal inputs from MRAs and then run away as soon as their own problem is solved (after all they are the deserving victims, right?). Some info on alimony is available here:

          Alimony and Maintenance under Hindu Law (only in Kindle Edition)

          Reply
      • VIVEK SHRINGERI says

        October 3, 2018 at 8:17 pm

        Sir I am undergraduate. my wife have a degrees in BA BED MA in Hindi. I have 2 year old baby girl. She filed 125 DV ACT Ex party interim maintenance. In that she didn’t mentioned her qualifications. Now since 2 years I am not working because of mental pressure my Parents tried to end their lives so it made me to be around with them. So I can’t leave my Parents alone. My father had minor heart attack. I want to file 498a and DV ACT quash application in HIGH court. I don’t have money to pay the lawyer fee. I want to fight by myself. Can you provide me jjudgment copies for 482 and DV maintenance help me pls. My contact and watsap no is 9538714201.

        Reply
        • videv says

          October 8, 2018 at 10:59 pm

          In India, it won’t be easy to convince anyone that a woman should go to work when there is 2 year old child (or even if no child!).

          Join the groups to discuss. Many people do party-in-person but it needs good amount of patience and steady effort.

          Reply
  3. Pawan Kumar says

    January 7, 2016 at 9:15 pm

    Hi, I got married in Feb 2014 and got a job in Singapore and left India in November 2014,same month, my wife gave birth to our son but I couldn’t return and only came back in Feb 2015 for a week. In the start of our marriage things were okay but after a few months she starter to have quarrel with my mother and disrespected her on several occasions and when we call her father to say it,she always said, she never said anything like this. She lies always, few days ago she again had a big quarrel with my mother and said many bad things to her and to my father also. After which she called her father that my mother and younger brother hit her, while no one even touched her, on many occasions she provoked me and said that divorce me if you don’t want to live with me. I can’t bring them here cause I I will not be issued spouse visa. She left home before the year end and threatened me on phone that she will report on police and police will extract me from Singapore but on what charges, that I don’t understand. So I called her again that she should go home and when I come back, we will resolve the issue but she said to me that I will be killed in your home, I will never ho there and I will live somewhere else and you live with me, to which I said I am working here and if you want to live away than I can’t live with you, you have to live at my home and only than I can stay with you. I will not live in any rented flat. So if you want to live with me.live with my family. But she again saying that she will do police case and get maintenance and do case that I can’t go back to Singapore for work but live there only. I don’t want to work in India, I have a good job, I send money home and my parents take care of my son also. I am ready to give her divorce but she just want me to be in India, I can’t do that, I have a career to make, I can’t destroy my life because she and her family wants it.
    Please help,me cause I don’t want that I arrive to India and I can’t go back to my job. My parents are depended on me if I lose my job it will be worst thing in my life.

    Reply
    • videv says

      January 8, 2016 at 9:36 pm

      While her behaviour is not excusable, your idea of husband (doing his dream job) in singapore, wife (with a son) in India won’t get you many supporters.

      Reply
  4. lakshmi says

    July 6, 2015 at 5:05 pm

    Sister in law filing a case of dm against brother ,mother and father.asking for maintenance ofAnn illegally adopted child of 7 months old.brother is currently unemployed.would he required to pay maintenance? Pl reply

    Reply
  5. Harased says

    June 9, 2015 at 1:23 am

    can this judgement be used in DV or only in HMA 24?

    Reply
    • videv says

      June 9, 2015 at 11:05 pm

      Try and see… Btw there are anyway judgments under DV Act too where wife has been denied maintenance. But it requires some effort and generally more difficult

      Reply
  6. vishwajeet says

    June 6, 2015 at 12:24 pm

    what to do when a married sister file case against father,brother and brothers wife under dv act ,gets ex partie protection order and lodges fir under section 31 with simple brusie only to grab property.living in house of brother with parents on different floor,having seperate ration card for 24 years with parents,she is involved in 14 cases in session and high court and cbi court.no judge ready to go beyond ,what to do

    Reply
    • videv says

      June 6, 2015 at 7:23 pm

      Not enough details, but as per DV Act a woman in household can get a residence order. Regarding ex-parte protection order, that may also be possible by showing a bruise… at least there was a bruise, even if we don’t know who inflicted it. Most wives are able to get interim maintenance orders and such reliefs without any evidence whatsoever. That’s a new paradigm in legal practice and jurisprudence that grant reliefs to women just by asking, else the higher powers will not be kind to you.

      There is no bar on number of cases one can be involved in. It’s up to other parties to be patient and mentally tough and fight it out

      Reply

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