The Delhi High Court in the case X v. Y observed and has stated that the provisions for grant of maintenance pendente lite and litigation expenses to a spouse under the Hindu Marriage Act is gender neutral.
The Division bench comprising of Justice V Kameswar Rao and Justice Anoop Kumar Mendiratta in the case observed and has stated that the spouse having a reasonable capacity of earning but who chooses to remain unemployed and idle without any sufficient explanation or indicating the sincere efforts to gain employment should not be permitted to saddle the other party with one sided responsibility of meeting out the expenses.
The court stated that the equivalence does not have to be with mathematical precision but with the objective to provide relief to the spouse by way of maintenance pendente lite and litigation expenses, thus, who is unable to maintain and support during the pendency of proceedings and to ensure that party should not suffer due to paucity of source of income.
Adding to it, the court stated that the provision is gender neutral and the provisions of Section 24 and section 25 of HMA to provide for the rights, liabilities and obligations arising from marriage between the parties under HMA.
In the present case, the court was dealing with an appeal moved by the husband challenging the order of family court directing him to pay an amount of Rs. 30,000 per month to the wife towards maintenance pendente lite, from the date of filing of the divorce petition moved till its disposal along with litigation expenses for an amount of Rs. 51,000.
The court noted that though it has been claimed by wife of having no independent source of income but she had the reasonable educational background being a graduate from Delhi University.
The court stated that the wife appeared to have voluntarily undertaken social work as claimed despite there being no impediment for undertaking a meaningful employment.
Further the court while considering the facts and circumstances of the case stated that this court is of the considered opinion that maintenance pendente lite at the rate of ₹21,000/- per month to the respondent, as paid in the proceedings under PWDV Act from the date of filing of the petition before the learned Family Court till its disposal would be reasonable and the same shall be paid along with litigation expenses or arrears in terms of impugned order passed by the learned Judge, Family Court.
The court while considering the inflation and rising prices stated that the maintenance pendente lite during the pendency of divorce proceedings shall be enhanced at Rs. 1,500 per month for each succeeding year i.e., Rs. 22,500 per month w.e.f. January 01, 2024; Rs. 24,000 per month w.e.f. January 01, 2025. Accordingly, the court disposed of the plea.
