The husband challenged the order of the Family Court to pay an interim maintenance of Rs. 30,000 each to the wife and minor son.
The Madras High Court observed that Section 24 of the Hindu Marriage Act is meant to grant interim maintenance solely to ensure that a wife has adequate means for her sustenance. Accordingly, it held that granting maintenance to a wife with considerable income was unwarranted.
In this case, the husband challenged the order on the ground that his wife was financially self-sufficient.
A Bench led by Justice P.B. Balaji held that the purpose of Section 24 is to provide interim maintenance to ensure a wife has sufficient income for a comfortable standard of living. Since the respondent already had substantial income from dividends in Scan World and owned valuable immovable properties, additional maintenance was deemed unnecessary. The Court further noted that the husband had accepted the award of ₹30,000 as maintenance for the son and had not contested it. Accordingly, the Family Court’s order granting interim maintenance to the wife was set aside.
Case Brief
The husband filed a Revision Petition against the Family Court’s order directing him to pay interim maintenance of ₹30,000 per month each to his wife and minor son.
He contended that his wife was financially well-off and self-sufficient, and therefore not entitled to maintenance, though he raised no objection to the amount awarded for his son. It was also highlighted that the wife served as a Director in a company and earned regular dividends.
Court’s Observation
The High Court clarified that the dispute was confined to the maintenance granted to the wife. Citing Section 24 of the Hindu Marriage Act, it underscored that interim maintenance is intended to provide a wife with sufficient means to sustain herself—not just for survival, but to maintain a standard of living similar to that in the matrimonial home.
Upon reviewing her financial position, the Court found that she had earned substantial income in the preceding three financial years and also owned valuable immovable assets.
“The object of Section 24 is only for providing interim maintenance to the wife to enable her to get sufficient income to live a comfortable lifestyle. I do not see that the respondent is not possessed of such sufficient income already, warranting further monies from the petitioner by way of interim maintenance”, the Court said.
