The Allahabad High Court while disposing an appeal observed that minimum amounts are required to be provided from the date of the claim being made to ensure the life and liberty of the estranged wife involved in a matrimonial discord situation is preserved with minimal dignity.
The Division Bench of Justice Saumitra Dayal Singh and Justice Rajendra Kumar-IV passed this order while hearing an appeal filed by Pushpendra Singh.
Challenge has been raised to the order dated 04.07.2023 passed by the Additional Principal Judge, Family Court, Mathura in Matrimonial Case (Pushpendra Singh Vs Smt Seema) passed with reference to the application filed under Section 24 of the Hindu Marriage Act, 1955.
By that order, the court below has provided for interim maintenance @ Rs 2,500/- per month to the respondent and @ Rs 1,500/- per month to the three children born from the marriage between the parties.
Thus, Rs 7,000/- per month has been awarded towards maintenance to sustain life and dignity of the wife of the appellant and three children born from the marriage between the parties. Also, the court below has awarded Rs 10,000/- towards one time legal expense to the respondent as also made provision to pay Rs 200/- per date to the respondent in the proceedings instituted by the appellant against the respondent.
Having heard counsel for the appellant and having perused the record, the Court found no good ground to interfere in the order passed by the court below. Undisputedly, the appellant has been working with Central Paramilitary Force namely ITBP since December 2014. His monthly salary was disclosed to the court below Rs 40,032/-.
While the appellant has levelled allegation of adultery against the respondent and described his real brother as the adulterer, the Court further found, such ground may not be enough to assail the impugned order. Insofar as adultery is concerned, the same may remain to be considered by the court below at the appropriate stage in the divorce proceedings that are still pending.
At the same time, it being undisputed to the appellant, the respondent is his married wife and there are three children born from their marriage and further it being undisputed, the respondent does not have independent source of income to sustain with dignity four human lives, pending litigation between the appellant and the respondent, the Court also found, the amounts awarded are wholly minimal in the context of the entirety of facts and circumstances of the case.
The Court observed that,
On the other hand, the appellant has available means to provide for such monthly maintenance and one time legal expense etc., considering his monthly salary to be in excess of Rs. 40,000/-. Insofar as the award has been made from the date of the application, again, we find no good ground to interfere with the same. Minimum amounts are required to be provided from the date of the claim being made to ensure the life and liberty of the respondent/estranged wife involved in a matrimonial discord situation is preserved with minimal dignity.
At present, Rs 1,26,000/- is due and payable against the appellant towards arrears. In that regard, we feel some time may be granted to the appellant to clear the entire default.
While at one stage, counsel for the appellant sought to withdraw the appeal, we declined the request as the matter had been heard. We also do not propose to enhance the maintenance amount at this stage. At the same time, measures must be enforced to ensure due compliance of the impugned order.
Accordingly, the Court disposed of the appeal with the following directions :-
(i) Subject to the appellant furnishing adequate security to the tune of 1,26,000/- to the satisfaction of the court below in the shape of other than cash or bank guarantee by 15.09.2023, no coercive measure shall be adopted against the appellant, subject to other conditions provided herein. The appellant may also deposit Rs 10,000/- awarded towards legal expenses within the same time.
(ii) As to the amount of Rs 1,26,000/- being arrears of maintenance from March 2022 to August 2023, the appellant shall deposit Rs 26,000/- on or before 31.10.2023 and the balance amount Rs 1,00,000/-, in four equal quarterly installments of Rs 25,000/- each, such installments being payable on or before 31.12.2023, 31.03.2024, 30.06.2024 and 30.09.2024 respectively.
(iii) The appellant shall continue to pay to the respondent or deposit before the court below, monthly maintenance allowance from the period September 2023 onwards as and when it becomes due under the terms of impugned order.