New Delhi, Apr 16 (PTI) Observing that maintenance must not be illusory, the Supreme Court on Thursday said the obligation of the husband to maintain his spouse is a primary and continuing duty and must be discharged in a manner that enables the wife to live with dignity.
A bench of Justices Sanjay Karol and Augustine George Masih said maintenance must be fair, reasonable and commensurate with the status of the parties and the financial capacity of the husband.
“The obligation of the husband to maintain his spouse is a primary and continuing duty, which must be discharged in a manner that enables the wife to live with dignity and in a standard commensurate with that enjoyed during the subsistence of the marriage,” the bench said.
The top court said the maintenance awarded must, therefore, enable her to sustain herself with a reasonable degree of dignity, consistent with the status of the parties.
“At the same time, it is necessary to ensure that the determination remains fair and reasonable and does not impose an excessive burden. The exercise is one of achieving a just balance between competing considerations,” it said.
The observations of the top court came while enhancing maintenance to a woman from Rs 15,000 per month to Rs 25,000 per month.
According to the case, the wife and the husband were married on May 7, 2023, in New Delhi in accordance with Hindu rites and customs.
Following the marriage, the wife resided at the matrimonial home along with the respondent and his family members. The relationship between the parties did not remain cordial, and according to the wife, she was subjected to neglect and acts of physical as well as mental harassment during her stay in the matrimonial home.
Within a year of their marriage, the wife was forced to leave the matrimonial home and return to her parental residence. Since then, she has been residing separately and is stated to have no independent source of income for her sustenance.
In these circumstances, the wife instituted proceedings under Section 144 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023 before the competent court at Tanakpur, District Champawat, seeking maintenance quantified at Rs 50,000 per month.
The family court at Champawat awarded maintenance of Rs 8,000 per month to the wife.
Aggrieved by the quantum so fixed, the wife moved the High Court of Uttarakhand which enhanced the maintenance to Rs 15,000 per month. PTI PKS PKS KSS KSS
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