The Allahabad High Court in the case Santosh Kumar vs. Gayatri Devi observed that after so long as a marriage survives, thus, it remains the duty of the earning spouse to protect the life, liberty and dignity of the other.
The bench comprising of Justice Saumitra Dayal Singh and Justice Rajendra Kumar-IV in the case observed wherein the court was hearing the appeal moved by one Santosh Kumar challenging an order passed by the Family Court s stated under Section 24 of the Hindu Marriage Act, 1955 providing for Rs. 7K per month as interim maintenance to his wife.
The contention raised by the Appellant or the Husband that his salary is 16,500/- that too in the year 2023, earlier, that payment was about for an amount of Rs. 15,470/- and hence, the court below was unreasonable in awarding the maintenance amount as stated above.
The court in the case considered that there are no children who is born from the marriage. Therefore, it has been found by the said court that it has erred in awarding nearly 50% of the total monthly income of the appellant, towards interim maintenance.
Adding to it, the court stated that certain minimum amount is to be provided for ensuring the protection of life, liberty and dignity of the opposite party who is the wife of the appellant involved in an estranged marriage situation.
The court while considering the facts and circumstances of the case stated that the amount of Rs. 5K per month towards interim maintenance to the wife from the date of her filing of application would be sufficient to protect the interest of justice.
Further, the said court did not interfere with the award of one-time legal expenses and daily personal expenses as awarded by the Court below. The court in the case also issued certain directions with regards to the timeline of payment of maintenance to the wife.
It has also been provided by the said court that it will ensure that the proceedings instituted by the appellant under Section 9 of the Hindu Marriage Act, 1955 are concluded as expeditiously as possible, preferably on or before January 31, 2024.
