'Attempt To Extract Pound Of Flesh From Husband': MP High Court Denies Interim Maintenance To Wife Earning ₹1.25 Lakh A Month
The Madhya Pradesh High Court recently denied relief to a wife who challenged an order of the Family Court rejecting her interim maintenance plea under Section 24 of the Hindu Marriage Act.
Upholding the Family Court's order, a bench of Justice Vivek Jain observed that the wife's prayer was nothing but "an attempt to extract a pound of flesh from the husband", which cannot be permitted.
The Court passed the order, noting that the wife had no children to support and that she herself earned around Rs. 1.25 Lakhs per month, which was comparable to the husband's income.
"In the present case, there is no child to maintain and there is no such financial disparity between the husband and wife whose incomes are comparable to each other,” the bench noted.
Briefly, the parties married in November 2022 and began living separately in June 2023. Thereafter, the respondent/husband filed a divorce petition against the petitioner/wife.
Meanwhile, the wife moved an application u/s 24 of the Hindu Marriage Act seeking pendente lite maintenance. She herself admitted that she earns an annual income of Rs. 20.00 Lakhs.
She claimed that her husband is having annual income of Rs.30.00 Lakhs, though it was denied by the respondent.
However, denying her any relief, the Family Court, in its order, noted that the wife has no other responsibilities and is herself earning and therefore she was not entitled to any pendente lite maintenance.
Finding no error of jurisdiction or reasoning in the order of the Family Court, the High Court said that this wife's attempt to extract a pound of flesh from the husband. The plea was thus dismissed.