Whether interim maintenance can be granted to well qualified working wife?
Admittedly the appellant/wife is a qualified Chartered Accountant and
working in that capacity since the year 2003. When the appellant/wife is a
qualified Chartered Accountant and practicing since the year 2003, after
putting in 13 years in profession she cannot be expected to earn only
₹7,000/- per month which is below the minimum wages payable to an
unskilled worker.
11. In context of award of interim maintenance under Section 24 of the
Hindu Marriage Act to a well qualified spouse having the earning capacity
but desirous of remaining idle has been deprecated in the decision reported
as 2000 (3) MPLJ 100 Smt.Mamta Jaiswal Vs. Rajesh Jaiswal observing as
under:-
“6. In view of this, the question arises as to in
what way Section 24 of the Act has to be
interpreted. Whether a spouse who has capacity of
earning but chooses to remain idle, should be
permitted to saddle other spouse with his or her
expenditure? Whether such spouse should be
permitted to get pendente life alimony at higher
rate from other spouse in such condition?
According to me, Section 24 has been enacted for
the purpose of providing a monetary assistance to
such spouse who is incapable of supporting
himself or herself in spite of sincere efforts made
by him or herself. A spouse who is well qualified to
get the service immediately with less efforts is not
expected to remain idle to squeeze out, to milk out
the other spouse by relieving him of his or her own
purse by a cut in the nature of pendente life
alimony. The law does not expect the increasing
number of such idle persons who by remaining in
the arena of legal battles, try to squeeze out the
adversory by implementing the provisions of law
suitable to their purpose. In the present case
Mamta Jaiswal is a well qualified woman
possessing qualification like M.Sc. M.C. M.Ed. Till
1994 she was serving in Gulamnabi Azad
Education College. It impliedly means that she
was possessing sufficient experience. How such a
lady can remain without service? It really puts a
big question which is to be answered by Mamta
Jaiswal with sufficient congent and believable
evidence by proving that in spite of sufficient
efforts made by her, she was not able to get service
and, therefore, she is unable to support herself. A
lady who is fighting matrimonial petition filed for
divorce, can not be permitted to sit idle and to put
her burden on the husband for demanding
pendente lite alimony from him during pendency of
such matrimonial petition. Section 24 is not meant
for creating an army of such idle persons who
would be sitting idle waiting for a 'dole' to be
awarded by her husband who has got a grievance
against her and who has gone to the Court for
seeking a relief against her. The case may be viceversa
also. If a husband well qualified, sufficient
enough to earn, sits idle and puts his burden on
the wife and waits for a 'dole' to be awarded by
remaining entangled in litigation. That is also not
permissible. The law does not help indolents as
well idles so also does not want an army of self
made lazy idles. Everyone has to earn for the
purpose of maintenance of himself or herself,
atleast, has to make sincere efforts in that
direction. If this criteria is not applied, if this
attitude is not adopted, there would be a tendency
growing amongst such litigants to prolong such
litigation and to milk out the adversory who
happens to be a spouse, once dear but far away
after an emerging of litigation. If such army is
permitted to remain in existence, there would be
no sincere efforts of amicable settlements because
the lazy spouse would be very happy to fight and
frustrate the efforts of amicable settlement because
he would be reaping the money in the nature of
pendente lite alimony, and would prefer to be
happy in remaining idle and not bothering himself
or herself for any activity to support and maintain
himself or herself. That can not he treated to he
aim, goal of Section 24. It is indirectly against
healthyness of the society. It has enacted for needy
persons who in spite of sincere efforts and
sufficient efforts arc unable to support and
maintain themselves and arc required to fight out
the litigation jeopardising their hard earned
income by toiling working hours.”
IN THE HIGH COURT OF DELHI AT NEW DELHI
Dated: September 05, 2016
MAT.APP.(F.C.) 143/2014
RUPALI GUPTA
v
RAJAT GUPTA
CORAM:
HON'BLE MR. JUSTICE PRADEEP NANDRAJOG
HON'BLE MS. JUSTICE PRATIBHA RANI
Citation: 2016 SCCONLINE DEL 5009
https://www.lawweb.in/2016/11/whether-interim-maintenance-can-be.html
