Maintenance provision in Hindu Marriage Act gender-neutral: Delhi HC

New Delhi: The Delhi High Court has underscored the gender-neutral nature of the provision for maintenance pendente lite and litigation expenses under the Hindu Marriage Act.

Justices V Kameswar Rao and Anoop Kumar Mendiratta, presiding over the Division Bench, were addressing an appeal filed by a husband challenging a family court order mandating a monthly payment of Rs. 30,000 towards maintenance pendente lite and Rs. 51,000 as litigation expenses.

The Bench said that spouses with reasonable earning capacity, who choose unemployment without valid reasons, should not burden the other party with one-sided financial responsibilities.

"The equivalence does not have to be with mathematical precision but with the objective to provide relief to the spouse during the pendency of proceedings, ensuring that parties do not suffer due to a lack of income," stated the court.

It pointed out the intent of Sections 24 and 25 of the Hindu Marriage Act, which outline the rights, liabilities, and obligations arising from marriage.

While modifying the family court’s order, the court noted the wife's claim of having no independent income but observed her reasonable educational background as a graduate of Delhi University.

The court said that despite claiming no impediment to employment, the wife engaged in voluntary social work.

"We are of the considered opinion that maintenance pendente lite at the rate of Rs 21,000 per month to the respondent... would be reasonable," the court stated, aligning with the impugned order.

In consideration of inflation and rising prices, the court further ruled for an annual enhancement of maintenance pendente lite during divorce proceedings.

As of January 1, 2024, the maintenance is set to increase to Rs. 22,500 per month, with subsequent yearly increments until the resolution of the petition.