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Wife to pay Rs.1000 monthly maintenance to husband, directs UP Family Court

A court in Uttar Pradesh has ordered a woman to pay monthly maintenance of Rs 1,000 to her husband and allowed the petition filed by her husband.

A family court at Muzaffarnagar District in Uttar Pradesh on Wednesday allowed the petition of complainant (husband) and ordered the wife to pay Rs 1,000 per month to her husband as maintenance allowance since she was a retired government servant and getting of Rs 12,000 pension per month.

The husband and wife had been living separately for several years. In 2013, the husband filed a petition seeking maintenance allowance from his wife under the Hindu Marriage Act, 1955.

Section 24 of the Hindu Marriage Act, 1955 states,

“Where in any proceeding under this Act it appears to the court that either the wife or the husband, as the case may be, has no independent income sufficient for her or his support and the necessary expenses of the proceeding, it may, on the application of the wife or the husband, order the respondent to pay to the petitioner the expenses of the proceeding, and monthly during the proceeding such sum as, having regard to the petitioner's own income and the income of the respondent, it may seem to the court to be reasonable.”

Section 25 of the Hindu Marriage Act, 1955 states,

“Any court exercising jurisdiction under this Act may, at the time of passing any decree or at any time subsequent thereto, on application made to it for the purpose by either the wife or the husband, as the case may be, order that the respondent shall pay to the applicant for her or his maintenance and support such gross sum or such monthly or periodical sum for a term not exceeding the life of the applicant as, having regard to the respondent's own income and other property, if any, the income and other property of the applicant [the conduct of the parties and other circumstances of the case], it may seem to the court to be just, and any such payment may be secured, if necessary, by a charge on the immovable property of the respondent.”

In a leading judgement passed by the Hon’ble High Court of Delhi, in Rani Sethi vs Sunil Sethi, CM(M) 169/2009, the Court upheld a Trial Court order which directed the wife to pay maintenance to the husband @ `20,000/-, per month, and `10,000/- as litigation expenses and also to provide Zen Car for the use of the husband. The Court observed,

"The purpose of section 24 of Hindu Marriage Act is to provide support to a spouse who has no independent source of income and is incapable of maintaining himself/herself. It is trite law that the term "support‟ is not to be construed in a narrow manner so as to mean bare subsistence. It means that the other spouse, who has no independent source of income, is provided with such maintenance so as to live in a similar status as was enjoyed by them in their matrimonial home. It is the purpose of section 24 that the wife or the husband who has no sufficient source of income for her or his support or for the expenses of the proceedings must be provided with such reasonable sum that strikes equity between the spouses."







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