A division bench of Delhi High Court held as follows while denying interim maintenance to a working wife.
From Para 5,
5. The learned Family Judge has observed in its order dated 18.06.2020 that the Object and Intent of Section 24 is to support the spouse who has no independent source of income. The learned Family Court has relied on the income affidavit of the appellant to arrive at a conclusion that the appellant is drawing a salary of Rs. 85,000/- per month and relied on the judgment of this Court in case titled K.N. vs R.G. Reported as MAT. APP(FC) no. 93/18 (date of decision – 12.02.2019) to hold that the provision of Section 24, Hindu Marriage Act, are not meant to equalise the income of wife with that of the husband.
From Para 9,
Mahima Chaturvedi Vs Deepak Malhotra on 26 Jul 20219. Hence, we are clear that the appellant is a well-qualified professional and is drawing a salary of 85,000/- month which is adequate for a comfortable life. In K.N. v. R.G., it has been held that the provision of section 24 are not meant to equalize the income of the spouses but only to see that no spouse should suffer due to paucity of income. The purpose to grant maintenance is to tide over litigation expenses and to provide a comfortable life to the spouse.
Index of Maintenance Orders under HMA here.
