No maintenance for wife who is working for sufficient salary

Kusum Bhatia Vs Sagar Sethi

Supreme Court

16/09/2019

Petition(s) for Special Leave to Appeal (C) No(s). 16051/2017

About/from the judgment:

Supreme Court has declined to award any maintenance to wife who was working with sufficient salary, however, it awarded maintenance to the daughter.

 

A decree was passed on 21.03.2009 in HMA 128/2008 by Additional District Judge (ADJ), Delhi, whereby the learned ADJ while allowing the petition under Section 13(1)(ia) and (ib) of the HMA, has passed a decree of dissolution of marriage in favour of the husband and against the wife.

 

Wife challenged the decree before the High Court. After detalied discussion, the High Court uphled the divorce saying "The parties have lived apart for approximately 10 years. Various police complaints /CAW Cell complaints were filed by the appellant and the family members of the respondent. There appears to be no possibility of the revival of the matrimonial relationship between the parties, and the relationship between the parties has irretrievably broken down. The marriage is as good as dead. The irretrievable breakdown is the result of the conduct of the appellant and the respondent/husband is entitled to a decree of divorce under Sections 13(1)(ia) and (ib) of the Act".

 

Wife then challenged the order before the Supreme Court which dismissed the petition. However, before dismissing the petition, the Supreme Court dealt with the issue of maintenance.

 

Supreme Court observed and held "Having heard learned counsel for both the sides on merits, we do not find any ground to interfere in the impugned order. In our considered opinion, the interest of justice would be met if the child, Kumari Preksha (aged about 16 years as of now) is awarded maintenance. Since, the petitioner is a working lady with sufficient salary, we decline to award any maintenance in her favour".

Read the Judgment

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