Interim Maintenance | Minimum Amount Payable To Estranged Wife From Date Of Claim To Preserve Her Life & Liberty With Dignity: Allahabad HC

The Allahabad High Court while adjudicating an appeal against interim maintenance awarded to the wife by the Family Court, has held that the minimum amount must be paid to the estranged wife from the date of the claim to preserve her life and liberty with dignity.

The Bench comprising Justice Saumitra Dayal Singh and Justice Rajendra Kumar-IV has upheld the interim maintenance of Rs. 7,000/- awarded to the wife and children by the Family Court while observing,

“Insofar as the award has been made from the date of the application, again, we find no good ground to interfere with the same. Minimum amounts are required to be provided from the date of the claim being made to ensure the life and liberty of the respondent/estranged wife involved in a matrimonial discord situation is preserved with minimal dignity,”

BACKGROUND FACTS

Mr. Pushpendra Singh ("Husband/Appellant") and Mrs. Seema ("Wife/Respondent") are husband and wife with three children. The wife filed an application under Section 24 of the Hindu Marriage Act, 1955 before the Family Court, wherein the said Court awarded her an interim maintenance of Rs. 7,000/- per month to sustain the life and dignity of the wife and three children and Rs. 10,000/- towards one-time legal expense to the wife.

The Husband challenged the order of the Family Court before the High Court contending that the interim maintenance was excessive and alleged adultery on the part of the wife while his real brother was the adulterer.

HIGH COURT VERDICT

The Court noted that the Appellant has been working with Central Paramilitary Force namely ITBP since December 2014 and has disclosed a monthly salary of Rs. 40,032/-.

The Court observed that adultery with the Husband's brother was not enough ground to assail the order of interim maintenance, since there were three children of the Husband who were living with the estranged wife and, she did not have any independent source of income to sustain the four lives with dignity.

"At the same time, it being undisputed to the appellant, the respondent is his married wife and there are three children born from their marriage and further it being undisputed, the respondent does not have independent source of income to sustain with dignity four human lives, pending litigation between the appellant and the respondent, we find, the amounts awarded are wholly minimal in the context of the entirety of facts and circumstances of the case", the Court opined. 

The Court has held that the minimum amount must be paid to the estranged wife from the date of the claim to preserve her life and liberty with minimal dignity. Accordingly, the Court directed that no coercive action may be taken against the Husband subject to payment of arrears in instalments as determined by the Court.

Case Title: Pushpendra Singh vs. Smt. Seema [FIRST APPEAL No. - 959 of 2023]

Case Citation: 2023 LiveLaw (AB) 296

Counsel for Appellant: Sri Kartikey Singh

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