Case: – Chetram Mali v/s Karishma Saini; MAT. APP. (F.C.) NO. 196 OF 2023
The Delhi High Court undertook a thorough examination of an order under Section 24 of the Hindu Marriage Act, 1955, pertaining to maintenance pendente lite. The case involves a dispute between Chetram Mali (the appellant) and Karishma Saini (the respondent).
Chetram Mali and Karishma Saini were married in 2018 but faced marital discord, leading to Karishma returning to her parental home in 2020. Legal proceedings ensued, with Karishma filing a complaint under the Protection of Women from Domestic Violence Act, 2005, and Chetram initiating divorce proceedings. Chetram, the appellant, contested the maintenance amount, highlighting that he was already directed to pay ₹21,000/- per month in the proceedings under the Domestic Violence Act. He argued that his in-hand salary was ₹47,784/-, and he had financial responsibilities towards his siblings and parents.
In contrast, Karishma, the respondent, emphasized her lack of independent income and presented herself as a social worker. The court considered her educational background but noted the absence of evidence supporting her employment and income.
The Hon’ble Court scrutinized the financial details provided by both parties. It observed discrepancies in the appellant’s salary details and deductions, ultimately determining a net salary of ₹56,492. The court acknowledged the respondent’s education but emphasized the need for her to actively seek employment. It concluded that the maintenance awarded under Section 24 should align with the previous order under the Domestic Violence Act.
Thus, the Hon’ble Court modified the impugned order, setting maintenance pendente lite at ₹21,000/- per month from the date of filing till the disposal of the petition. Recognizing inflation, the court ordered a yearly increment, starting from ₹22,500/- per month in 2024.

Author of this article:
Adv. Ravish Bhatt,
Partner, R&D Law Chambers,
Dual Qualified Lawyer Solicitor | International Tax Affiliate

Connect with Mr. Bhatt on Linkedin: https://www.linkedin.com/in/adit-ravishbhatt/

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