GARIMA DUBEY Vs. SAURABH ANAND DUBEY

JUDGEMENT

(1.) Present appeal has been filed by the appellant who is a wife. The divorce petition has been filed by the respondent-husband. The appellant no.1 is M.D. (Gynaecologist) and the respondent-husband is Neurosurgeon. Both are residents of Prayagraj. Appellant nos.2,3 and 4 are the children of the appellant and the respondent out of which appellant nos.2 and 3 are daughters and appelant no.4 is a son. Their names are not being given in the order to protect their identity and privacy. The appellants are aggrieved by the impugned order dtd. 7/4/2025 by which an application for maintenance filed by the wife and the three children under Ss. 24 and 26 of the Hindu Marriage Act, 1955 has been rejected in part. The application of the Appellant No.1 under Sec. 24 of the Hindu Marriage Act has been dismissed, however application under Sec. 26 for maintenance of the children has been allowed and undisputedly, the respondent is paying Rs.60,000.00 per month towards their maintenance.

(2.) Learned counsel for the appellant submits that the learned trial court failed to appreciate that presently the appellant is not working as she was removed from the hospital after filing of the case by the respondent-husband. He further submits that the appellant-wife is entitled to be supported by the respondent-husband to ensure that she can sustain the same standard of living which she enjoyed before the separation.

(3.) Learned counsel for the respondent on the other hand submits that the respondent has faithfully been paying the maintenance amount of Rs.60,000.00 per month to the children without demur. He further submits that the appellant herein is a trained specialized Gynecologist who could earn more than the respondent himself in a State like Uttar Pradesh. He further submits that learned trial court has dismissed her application under Sec. 24 precisely as applicant is more capable of maintaining herself because of her qualification.