LI Network
Published on: November 22, 2023 at 00:12 IST
The Delhi High Court declared on Tuesday that the provision for maintenance is pendente lite and litigation expenses for a spouse under the Hindu Marriage Act is gender neutral.
The ruling came from a division bench comprising Justice V Kameswar Rao and Justice Anoop Kumar Mendiratta, emphasizing that the capacity to earn should be considered for both spouses, and one party should not bear unilateral responsibility for expenses if the other has the ability to earn but chooses not to.
The court stressed that the gender-neutral approach aims to provide relief to spouses unable to support themselves during legal proceedings and prevent any party from suffering due to a lack of income sources. While acknowledging that precision is not required, the court highlighted the objective of ensuring fairness and support for the spouse in need during the legal process.
The judges clarified that Sections 24 and 25 of the Hindu Marriage Act encompass the rights, liabilities, and obligations arising from the marriage between the parties, emphasizing the gender-neutral nature of the provisions.
The case in question involved a husband challenging a family court order directing him to pay Rs. 30,000 per month to his wife for maintenance pendente lite, along with litigation expenses of Rs. 51,000.
The court, while modifying the order, noted the wife’s reasonable educational background, being a graduate from Delhi University, and her voluntary engagement in social work despite having the capacity for meaningful employment.
The Delhi High Court concluded that a maintenance amount of ₹21,000 per month to the respondent, as paid in proceedings under the Protection of Women from Domestic Violence Act, from the filing of the petition until its disposal, would be reasonable. Additionally, considering inflation and rising prices, the court decided to enhance the maintenance pendente lite during divorce proceedings for each succeeding year.
This ruling emphasizes the court’s commitment to ensuring fairness and equality in maintenance provisions, irrespective of gender, under the Hindu Marriage Act.
Case Title: X v. Y
