In Brief
In this matrimonial matter, the Supreme Court examined whether a wife was entitled to maintenance pendente lite (pending the disposal of divorce proceedings) and the appropriate quantum thereof under Section 24 of the Hindu Marriage Act, 1955. The High Court had granted interim maintenance of Rs. 60,000/- per month in addition to Rs. 10,000/- being paid under domestic violence proceedings. The Supreme Court held that while the wife, having no independent income at the time of the claim, was justified in receiving maintenance, the amount was excessive and reduced it to Rs. 25,000/- per month plus the existing Rs. 10,000/-. The Court reaffirmed that discretion in awarding alimony must rest on the income and capacity of both parties, not on whether the wife was educated or could theoretically earn.
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