balu krishna 19 January 2022
Rama chary Rachakonda (Secunderabad/Highcourt practice watsapp no.9989324294 ) 19 January 2022
A Delhi court has said that even a working wife is entitled to interim maintenance from her estranged husband irrespective of differences in their earnings.
Megha 19 January 2022
Section 24 of the Hindu Marriage Act, 1955 (HMA) deals with interim maintenance. It states that when either of the spouse has no independent, sufficient income, the aggrieved spouse, through an order of the court, claim maintenance for his/ her support and for the maintenance of expenses on account of the proceedings.
The Delhi HighCourt in the case of Col Ramneesh Pal Singh vs Sugandhi Aggarwal held that a wife's capability to earn is no ground for denying her maintenance.
The Supreme Court differentiated between capable of earning and actually earning in the case of Shalija & Ors. Vs. Khobbanna and stated that qualification of a wife do not create barriers for to seek maintenance from their husbands.
The Supreme Court in the case of Chaturbhuj vs Sita Bai held that the fact that a wife is working doesn't entitle her from seeking maintenance and the litmus test in such cases must be whether the incomeeared is sufficient to support herself or not