In an order passed by supreme court, it has declined to award any maintenance to a wife who was working with sufficient salary, however, it awarded maintenance to the daughter.

A bench of Justice Shantanagoudar and Justice Khanna has passed the order as on 16.09.2019.

A decree was passed on 21.03.2009 in HMA 128/2008 by Additional District Judge (ADJ), Delhi, whereby the learned ADJ while allowing the petition under Section 13(1)(ia) and (ib) of the HMA, has passed a decree of dissolution of marriage in favour of the husband and against the wife.

Wife challenged the decree before the high court where it uphled the divorce saying “The parties have lived apart for approximately 10 years. Various police complaints /CAW Cell complaints were filed by the appellant and the family members of the respondent. There appears to be no possibility of the revival of the matrimonial relationship between the parties, and the relationship between the parties has irretrievably broken down. The marriage is as good as dead. The irretrievable breakdown is the result of the conduct of the appellant and the respondent/husband is entitled to a decree of divorce under Sections 13(1)(ia) and (ib) of the Act”.

Wife then challenged the order before the Supreme Court which dismissed the petition. However, before dismissing the petition, the Supreme Court dealt with the issue of maintenance.

Supreme Court observed, “Having heard learned counsel for both the sides on merits, we do not find any ground to interfere in the impugned order. In our considered opinion, the interest of justice would be met if the child, Kumari Preksha (aged about 16 years as of now) is awarded maintenance. Since, the petitioner is a working lady with sufficient salary, we decline to award any maintenance in her favour”.

The court passed the following orders:

1. The special leave petition stands dismissed. However the daughter of the parties namely Kumari Preksha is entitled to a maintenance of Rs. 30,00,000 (Rupees Thirty Lakhs Only). The amount of Rs. 30,00,000 to be deposited within 8 weeks from today.
2. The respondent Sagar Sethi, the father of the child shall pay a sum of Rs. 10,00,000 towards marriage and other expenses of the child. Out of the said amount, a sum of Rs. 5,00,000 shall be paid by him to the child directly by way of demand draft within two years from today.
3. We direct the petitioner to keep the entire amount received by way of maintenance in favour of Kumari Preksha child in fixed deposit for four years. It is open for the petitioner to use the interest portion towards maintenance and other expenses of the child.
4. All the litigation between the parties including FIR no. 49/2007 lodged at police station Vikas Puri stand quashed in view of this order.

Case title: KUSUM BHATIA vs SAGAR SETHI