Wife is liable to maintenance to husband under section 24 of Hindu Marriage Act
The purpose of section 24 of Hindu Marriage Act is to provide
support to a spouse who has no independent source of income and
is incapable of maintaining himself/herself. It is trite law that the
term „support‟ is not to be construed in a narrow manner so as to
mean bare subsistence. It means that the other spouse, who has no
independent source of income, is provided with such maintenance
so as to live in a similar status as was enjoyed by them in their
matrimonial home. It is the purpose of section 24 that the wife or
the husband who has no sufficient source of income for her or his
support or for the expenses of the proceedings must be provided
with such reasonable sum that strikes equity between the spouses.
20. Taking into consideration the facts of this case and the settled
position of law, I am of the view that learned trial court has
correctly considered the relevant factors and has also rightly relied
upon the judgments of this court as also the Apex Court. I find no
infirmity in the order dated 24.2.2009, which requires interference
by this court in the proceedings under Article 227 of the
Constitution of India. Accordingly, present petition is without any
merit and the same is dismissed.
support to a spouse who has no independent source of income and
is incapable of maintaining himself/herself. It is trite law that the
term „support‟ is not to be construed in a narrow manner so as to
mean bare subsistence. It means that the other spouse, who has no
independent source of income, is provided with such maintenance
so as to live in a similar status as was enjoyed by them in their
matrimonial home. It is the purpose of section 24 that the wife or
the husband who has no sufficient source of income for her or his
support or for the expenses of the proceedings must be provided
with such reasonable sum that strikes equity between the spouses.
20. Taking into consideration the facts of this case and the settled
position of law, I am of the view that learned trial court has
correctly considered the relevant factors and has also rightly relied
upon the judgments of this court as also the Apex Court. I find no
infirmity in the order dated 24.2.2009, which requires interference
by this court in the proceedings under Article 227 of the
Constitution of India. Accordingly, present petition is without any
merit and the same is dismissed.
Delhi High Court
Rani Sethi vs Sunil Sethi on 31 March, 2011
