Neeta Rakesh Jain v Rakesh Jeetmal Jain AIR 2010 SC 3540 (Case Summary)
In a significant ruling, the Supreme Court of India addressed the question of fair interim maintenance under Section 24 of the Hindu Marriage Act, 1955. The case revolves around the financial rights of a spouse during pending divorce proceedings, calling into question the economic disclosures made by the husband and the standard of living established during the marriage.
Facts of Neeta Rakesh Jain v. Rakesh Jeetmal Jain
- The parties, Neeta Rakesh Jain (wife) and Rakesh Jeetmal Jain (husband), were married on May 8, 1995.
- The husband filed for divorce on grounds of cruelty and desertion under Section 13(1) (ia) and (ib) of the Hindu Marriage Act, 1955.
Issues framed
- What should be the appropriate amount of interim maintenance under Section 24 of the Hindu Marriage Act, considering the financial capacity of both parties?
- Whether the High Court rightly assessed the husband’s income in determining interim maintenance?
Subordinate Court Judgment
The Family Court, Pune, granted an ex-parte divorce decree on April 7, 2005, dissolving the marriage. The wife appealed to the Bombay High Court, which stayed the ex-parte decree and restrained the husband from remarrying.
The Bombay High Court fixed interim maintenance at Rs. 12,000/- per month, based on the husband’s assertion that his income was Rs. 30,000/- per month. The wife contested this amount, claiming it was insufficient given the husband’s qualifications and business earnings.
Judgment of Neeta Rakesh Jain v. Rakesh Jeetmal Jain
The case primarily concerns Section 24 of the Hindu Marriage Act, 1955, which provides for maintenance and expenses of proceedings.
The Supreme Court emphasized that courts must carefully examine the financial capabilities of the parties when determining interim maintenance. Given the husband’s qualifications and employment history, the Court found the High Court’s reliance on his claimed income of Rs. 30,000/- per month to be “inherently improbable” (Para 9). The Court underscored that interim maintenance should be based on a realistic assessment of the husband’s earning potential, which was considerably higher.
The Supreme Court set aside the High Court’s order fixing interim maintenance at Rs. 12,000/- per month and remanded the case for fresh consideration, directing the High Court to reassess the interim maintenance application before hearing the main appeal.
