Ashish Tiwari v. Richa Sharma

1. Allowed, subject to just exceptions. MAT.APP.(F.C.) 91/2024 and CM APPL. 17660/2024 [Application filed on behalf of the appellant seeking interim relief], CM APPL. 17662/2024 [Application filed on behalf of the appellant seeking condonation of delay] and CAV 144/2024

2. This appeal is directed against the order dated 12.01.2024 passed by the Principal Judge, Family Court, Patiala House Courts, New Delhi.

3. Via the said order, the learned Principal Judge has disposed of the respondent’s/wife’s application for interim maintenance preferred under Section 24 of the Hindu Marriage Act, 1955 [in short, “HMA”].

4. The record reveals that the respondent/wife, although qualified, is presently unemployed. The record also reveals that the appellant/husband, who is in the Indian Army, had been directed to pay Rs. 8,18,518/- towards maintenance of the respondent/wife via order dated 07.11.2019.

5. According to the counsel for the appellant/husband, the deduction that the Indian Army made towards maintenance allowance was at the rate of 22% of pay and allowances received by the appellant/husband from December 2019 to December 2020. 5.[1] For this purpose, our attention is drawn to the communication dated 11.01.2021 addressed by the office of the Principal Controller of Defence Accounts (Officers) to the respondent/wife; a copy of which was served to the appellant/husband.

6. Insofar as the impugned order is concerned, the Family Court has directed the employer of the appellant/husband, i.e., the Indian Army, to deduct 30% of the gross salary of the appellant/husband, after making the minimum statutory deduction, and pay the said amount to the respondent/wife towards monthly maintenance w.e.f. the date of the application i.e., 18.05.2022 up until a final decision is taken in the main divorce petition filed by the appellant/husband. 6.[1] Besides this, a direction has also been issued to the employer to pay arrears of maintenance, if any, after adjusting the amounts already paid in that behalf. 6.[2] It has been indicated that the arrears will be paid to the respondent/wife in twelve (12) equal monthly installments apart from future maintenance.

7. Having regard to the fact that the respondent/wife is not presently employed and the appellant/husband, on the other hand, has a steady income, we are not inclined to interfere with the impugned order.

8. The appeal is, accordingly, dismissed.

9. The pending application along with the caveat shall stand closed as they have been rendered infructuous.

RAJIV SHAKDHER, J AMIT BANSAL, J MARCH 21, 2024