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No interim maintenance for earning Wife

IN THE HIGH COURT OF DELHI AT NEW DELHI

22.02.2007

Present: Mr. Subhash Wason, Adv. for the petitioner.

CM(M) No.276/2007

1. Impugned order dated 29.1.2007 has dismissed the application filed by the wife under Section 24 of the Hindu Marriage Act.
2. Reason for denial of any interim maintenance to the wife is that her gross monthly salary is Rs.15,304/-. As against the statutory rules where under general provident fund, deduction has to be 10% of the basic salary, the wife is voluntary contributing Rs.6,500/- per month under the General Provident Fund Scheme.
3. Learned Judge has opined that the wife has enough means to sustain herself at the level of living to which she was accustomed to in her matrimonial house.
4. It is urged before me that the income of the husband is nearly 3 times than that of the wife.
5. Law does not require to average out the income of the spouses and share the two in equal proportion. Law requires that the wife should be paid adequate interim maintenance. The test of adequacy is to give such money to the wife which would enable her to maintain a standard of living to which she was accustomed to in the matrimonial house.
6. I note that no issues are born to the parties.
7. I find no merit in the petition.
8. Dismissed.

February 22, 2007 PRADEEP NANDRAJOG, J.

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