Hindu Marriage Law – Maintenance Amount

High Court gave a Verdict in a case of Mumbai family court about Hindu Marriage Law – Maintenance Amount

Recently the Bombay high court gave a verdict in which a case of Mumbai family court was strengthened. The verdict was to give maintenance of Rs 70,000 to a working wife. The maintenance amount has been discussed in Hindu Marriage Act 1955.

According to section s 24 of Hindu marriage act – Both cases where maintenance should be given to either husband or wife come under this act. If one does not have source of money then the maintenance amount should be given for important bills. This can be given to any party either husband or wife’s appeal. This also includes the court’s fees.

The law has such provisions for women always as most women were dependent on their husband for money as well as they takes care of family and children. In traditional Hindu marriage, women are not expected to work after marriage. A case should be highlighted here of Pramila (55) who had studied engineering. She left her job thirty years back after marriage as her husband’s job was in army and they had to travel anytime from one city to other. She also took care of their two children. Now her husband is divorcing her at the age of 55. He wants her to take care of herself as she had studied engineering.

Nowadays engineers get good salaries. However, why would anyone give a job to a 55-year-old woman when twenty five year old youth are also not getting jobs? Since she has been out of work since 20 years and has been taking care of children. So is her degree now valid for today’s scenario of jobs. The section 24 s saves s such women from facing financial difficulties.

After this law as made, many things have changed since then. Most women are educated and are working nowadays. They are financially stable too. One more case example is cited. The husband Ashok who is a pilot and earns five lakh rupees per month while his wife Supriya earns around Rs 60,000 per month as an airhostess. They have a six-year-old boy. Even after the women was working the family court gave the verdict of maintenance amount to be given to the wife as the child’s and home responsibility is still with the women. If the child gets sick, the woman is expected to take leave and take care of the child.

This law also has a gatekeeper. If it is studied carefully then there is no mention of amount of maintenance decided to be paid to the women. This is according to husband’s lifestyle and salary. It is therefore important that the lawyers who are representing this case should have all the facts cleared before the court. The amount of maintenance granted depends on the judgment of the court.

Under section 24, many changes are seen in today’s scenario. In many cases, the wife is earning more than the husband is. Because this section should not be misused, that is why court amends with the working of the woman. If the court finds that a woman is capable of earning then they are told likewise. If the women do not share their actual earnings then the verdict is not justified properly.

The question here arises that will the man always be on the giving end. In many such cases proper judgment has been given where the wife s earning more than the husband does. Many such women have misused this law. As this law is to pave the way for woman to work and be independent and not the opposite. However, sometimes it is misused to become rich quickly.

Fact – Bombay high court the highest maintenance to a woman in a case where the amount was 50% of his income.