A division bench of Delhi High Court held as follows:
From Para 6,
Chetram Mali Vs Karishma Saini on 21 Nov 2023
It may be noticed that though respondent claims to have no independent source of income but has reasonable educational background being a graduate from Delhi University. She appears to have voluntarily undertaken social work as claimed despite there being no impediment for undertaking a meaningful employment. The spouse having a reasonable capacity of earning but who chooses to remain unemployed and idle without any sufficient explanation or indicating sincere efforts to gain employment should not be permitted to saddle the other party with one sided responsibility of meeting out the expenses. 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, 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. The provision is gender neutral and the provisions of Section 24 & 25 of HMA provide for the rights, liabilities and obligations arising from marriage between the parties under HMA.