M.V. LEELAVATHI Vs. C.R. SWAMY

JUDGEMENT

(1.) Marriage of the parties was solemnised on 27-2-2009. The parties are estranged couple. M.C. No. 2006 of 2011 was filed by the husband, in the Family Court at Bangalore to pass a decree of divorce and dissolve the said marriage. The case has been contested by filing statement of objections on 23-11-2011. An I.A. under Section 24 of Hindu Marriage Act, 1955 (for short 'the Act') having been filed on 11-3-2013, the Family Court passed an order on 2-8-2013, directing the petitioner before it - husband, to pay Rs. 10,000/- per month to his spouse, as interim alimony and also litigation expenses of Rs. 10,000/-. Assailing the said order, wife filed W.P. No. 46786 of 2013 and the husband filed W.P. No. 40550 of 2013. Heard the learned Counsel on both sides and perused the writ record.

(2.) Section 24 of the Act makes a provision for maintenance pendente lite and expenses of proceedings. As per the said provision, the spouse, who has no independent income sufficient for her or his support, may apply to the Court for relief. The provision confers wide discretion on the Court, in the matter of directing payment of maintenance to the spouse, who has no independent income sufficient for her or his maintenance. Though the provision confers wide discretion to the Court, in fixing the interim maintenance, the Court has to give due regard to the income of the respondent and the petitioner's own income. The Court shall have to take into consideration the means of the parties and other factors, like social status, the background from which both the parties come from and the economical dependence of the applicant. The order passed being only of interim nature, detailed exercise is unnecessary. However, the Court should take into consideration all relevant factors and arrive at a correct conclusion with regard to the payment or otherwise of interim maintenance by one spouse to the other.

(3.) Petitioner in M.C. No. 2006 of 2011 i.e., petitioner in W.P. No. 40550 of 2013 is a doctor. Indisputedly, his salary is Rs. 67,000/- per month. That apart, he is visiting Maruthi Nursing Home and Panacea Hospital and has handsome professional income therefrom, which he is not ready to disclose. As such, it can be taken that he has been earning more than Rs. 1,00,000/- per month.