Interim Maintenance under Section 18 of Hindu Adoption and Maintenance, 1956 should be granted

Ashutosh Rajput | Hidayatullah National Law University | 20th May 2020

Smt. Gouri Gupta Chaudhury v. Tarani Gupta Chaudhury [AIR 1968 Cal 305]

Facts:  

Husband and wife were married to each other and were living in a separate residence. The reason for their separation as per wife is that the husband is cruel towards her and due to which he was paying the sum rupees 100/- per month to the wife until 1966. The husband also made the allegation that Tapati was not his daughter and his wife is disloyal towards him. The maintenance was transferred to the wife’s brother’s account that pays to the petitioner. Till 1966 the husband was maintaining Tapati but after 1966 when Tapati went away from his custody he stopped giving maintenance. Hence, the wife filled the present sit before the Calcutta High Court.

Issue: 

Whether the interim maintenance can be obtained under section 18(1) of the Hindu Adoption and Maintenance Act, 1956?

Arguments by the parties-

Arguments on the behalf of the husband:

1. The wife living separately will not entitle herself maintenance under such suit but only if any ground is established under section 18 (2) of Hindu Adoption and Maintenance Act, 1956 then only he is liable to give her maintenance.  
2. Since the provision for interim maintenance has not been given in the said statute, hence cannot be granted in an interlocutory application.
3. In Mohammad Abdul Rahman v. Taj Whassia Begum the court did not grant interim maintenance on the ground that it would defeat section 151 of the Code of Civil Procedure. 

Arguments on behalf of the wife: 

1. That the court had on many previous occasions had passed such an order of interim maintenance.
2. Relying on the judgment in Sabitri Lala v. Satish Lala [Suit No. 2213 of 1963] the court has passed in favour of interim maintenance and on appeal the court gave validation to the same.

Judgment: 

The husband has to maintain his wife as per section 18(1) of Hindu Adoption and Maintenance Act, 1956 so long the marriage subsists. And as per section 18(2) there will be an obligation on the part of the husband to maintain his wife irrespective of her residence until the wife proved that she was living separately on her own. If the interim maintenance is not granted then the wife may have to face starvation with respect to the waiting period of the suit. The court observed that the said judgment of Madras High Court has been misunderstood in these circumstances otherwise very purpose of section 151 of the Code of Civil Procedure would be defeated. And the court should exercise power conferred under section 151 of the Code of Civil Procedure to prevent abuse of the process of the court and in the interest of justice. Hence, the interim maintenance of rupees 160/- has to be given.