MAT.APP.(F.C.) 195/2025
Delhi High Court: An appeal was filed under Section 19 of the Family Courts Act, 1984 by the appellant-husband assailing the order dated 19-04-2025 passed by the Family Court, allowing an application filed by the respondent-wife under Section 24 of the Hindu Marriage Act, 1955, directing the appellant to pay a monthly maintenance of ₹15,000 split as ₹8,000 for the respondent-wife and ₹7,000 for their minor son. A division bench of Navin Chawla and Renu Bhatnagar, JJ., held that the findings of the Family Court are based on cogent material on record, including bank statements, tax returns and income affidavits submitted by both parties, and are in accordance with the binding guidelines laid down in Rajnesh v. Neha, 2020 SCC OnLine SC 903.The Court also reinforced that maintenance under Section 24 of the HMA is not denied merely because the spouse is educated or capable of earning. The theoretical earning capacity cannot be conflated with actual income, and the physical and emotional burden borne by the wife who is managing her own medical condition while raising a minor was a valid factor in assessing her inability to be gainfully employed. Further, the Court noted that the maintenance fixed by the Family Court was well within reasonable bounds considering the needs of both the wife and child and the appellant’s income. The argument that the respondent is already benefiting from Mediclaim neither renders the maintenance amount excessive, nor did the appellant’s status as a contractual employee absolve him from his statutory responsibility. Thus, the Court found no illegality, perversity, or procedural irregularity in the impugned order and dismissed the appeal as being devoid of merit.
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