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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