In an important case related to interim maintenance, the Delhi High Court has clarified that under Section 24 of the Hindu Marriage Act, the wife will not be entitled to interim maintenance for the period she is employed and earning income. The court said that the husband cannot be ordered to pay maintenance for the period when the wife herself was working and earning.
High Court changed the order of Family Court
A bench of Justices Vivek Chaudhary and Renu Bhatnagar, while modifying the order of the family court, said that interim maintenance of Rs 5,000 per month will be given to the wife only from July 1, 2024. This is the period when she became unemployed.
The family court had directed the husband to pay interim maintenance of Rs 5,000 every month from January 8, 2021, till the completion of the divorce proceedings. The husband had challenged this order in the Delhi High Court.
Used to work in Bata showroom
It came to light in the case that the wife had admitted in her affidavit that she was working as a sales helper in Bata showroom. She had told that she used to work on Saturdays and Sundays and for this she got around Rs 7,000 per month. The wife later reported that she was laid off from her job in June 2024 because the showroom owner no longer needed additional staff.
No maintenance will be provided from January 2021 to June 2024
The High Court, after considering the facts of the case, held that from January 8, 2021 to June 2024, when the wife was working and earning income, she was not entitled to interim maintenance. According to the amended order of the court, interim maintenance of Rs 5,000 per month will be given from July 1, 2024.
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