MANISH JAIN versus AKANKSHA JAIN

MANISH JAIN versus AKANKSHA JAIN

Maintenance pendente lite is justified when wife lacks sufficient independent income for support, but quantum must be reasonable considering facts. Rs.60,000/- per month awarded by High Court is excessive; Rs.25,000/- per month is reasonable in addition to Rs.10,000/- from D.V. Act proceedings.

Parties
Appellant Husband: Manish Jain; Respondent Wife: Akanksha Jain
Jurisdiction
India
Judgment Date
30 March 2017
Procedural Posture
Civil Appeal / Appeal From Order of Delhi High Court in CM (m) No. 910 of 2010
Outcome
Appeal allowed
Legal Topics
Maintenance Pendente Lite, Interim Maintenance, Hindu Marriage Act Section 24, Quantum of Maintenance
Family Law Maintenance Pendente Lite Interim Maintenance Hindu Marriage Act Section 24 Quantum of Maintenance

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Parties

Manish Jain

Appellant Husband

Akanksha Jain

Respondent Wife

Procedural Posture

Civil Appeal / Appeal From Order of Delhi High Court in CM (m) No. 910 of 2010

Legal Issues

  1. 1 Whether respondent-wife is entitled to maintenance pendente lite under Section 24 of the Hindu Marriage Act, 1955
  2. 2 Whether quantum of Rs.60,000/- per month awarded by High Court is justified

Ratio Decidendi

Maintenance pendente lite is justified when wife lacks sufficient independent income for support, but quantum must be reasonable considering facts. Rs.60,000/- per month awarded by High Court is excessive; Rs.25,000/- per month is reasonable in addition to Rs.10,000/- from D.V. Act proceedings.

Court Disposition

Appeal allowed

Orders

  • High Court order dated 21.02.2014 set aside.
  • Maintenance pendente lite fixed at Rs.25,000/- per month payable by appellant-husband to respondent-wife (in addition to Rs.10,000/- under D.V. Act).