Sunday, 29 September 2019

Supreme Court: Wife who is working lady with sufficient salary is not entitled to get maintenance

Having heard learned counsel for both the sides on merits, we
do not find any ground to interfere in the impugned order. In our
considered opinion, the interest of justice would be met if the
child, Kumari Preksha (aged about 16 years as of now) is awarded
maintenance. Since, the petitioner is a working lady with
sufficient salary, we decline to award any maintenance in her
favour.
S U P R E M E C O U R T O F I N D I A
RECORD OF PROCEEDINGS
Petition(s) for Special Leave to Appeal (C) No(s). 16051/2017

KUSUM BHATIA Vs SAGAR SETHI 

Date : 16-09-2019 
CORAM :  MR. JUSTICE MOHAN M. SHANTANAGOUDAR
HON'BLE MR. JUSTICE SANJIV KHANNA


Having heard learned counsel for both the sides on merits, we
do not find any ground to interfere in the impugned order. In our
considered opinion, the interest of justice would be met if the
child, Kumari Preksha (aged about 16 years as of now) is awarded
maintenance. Since, the petitioner is a working lady with
sufficient salary, we decline to award any maintenance in her
favour.
Learned counsel for the respondent, on instructions, submits
that he is ready to deposit a sum of Rs.30,00,000/- (Rupees thirty
lac only) towards maintenance of the child, namely, Kumari Preksha.
However, the Court suggested that an amount of Rs.15,00,000/- needs
to be deposited by the respondent towards marriage and other
expenses of the child. Learned counsel for the respondent,
however, submits that it would be very difficult for him to pay
such amount of Rs.15,00,000/- (Rupees fifteen lac only).
Be that as it may. Having regard to the totality of the facts
and circumstances of the case, we deem it appropriate to pass the
following order :-
(1) The special leave petition stands dismissed. However, the
daughter of the parties, namely Kumari Preksha, is entitled to
maintenance of Rs.30,00,000/- (Rupees thirty lac only). The amount
of Rs.30,00,000/- (Rupees thirty lac only) be deposited within
eight weeks from today.
(2) The respondent, Sagar Sethi, the father of the child shall pay
a sum of Rs.10,00,000/- (Rupees ten lac only) towards marriage and
other expenses of the child. Out of the said amount, a sum of
Rs.5,00,000/- (Rupees five lac only) shall be paid by him to the
child directly by way of demand draft within two years from today.
The remaining amount of Rs.5,00,000/- (Rupees five lac only) shall
be paid by him within four years from today.
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(3) We direct the petitioner to keep the entire amount received by
way of maintenance in favour of Kumari Preksha child in fixed
deposit for four years. It is open for the petitioner to use the
interest portion towards maintenance and other expenses of the
child.
(4) All the litigations between the parties including FIR
No.49/2007 lodged at Police Station, Vikas Puri stand quashed in
view of this order.
(GULSHAN KUMAR ARORA) (R.S. NARAYANAN)
COURT MASTER COURT MASTER
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