Gujarat High Court
Hiteshbhai Chandrakantbhai Jariwala vs Hemaxiben Hiteshbhai Jariwala D/O ... on 8 September, 2025
Author: A.Y. Kogje
Bench: A.Y. Kogje
NEUTRAL CITATION
C/FA/12/2025 ORDER DATED: 08/09/2025
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/FIRST APPEAL NO. 12 of 2025
With
CIVIL APPLICATION (FOR STAY) NO. 1 of 2024
In
R/FIRST APPEAL NO. 12 of 2025
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HITESHBHAI CHANDRAKANTBHAI JARIWALA
Versus
HEMAXIBEN HITESHBHAI JARIWALA D/O CHANDRAVADAN
NEMLAWALA
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Appearance:
MR RAXIT J DHOLAKIA(3709) for the Appellant(s) No. 1
KAASH K THAKKAR(7332) for the Defendant(s) No. 1
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CORAM:HONOURABLE MR. JUSTICE A.Y. KOGJE
and
HONOURABLE MR.JUSTICE N.S.SANJAY GOWDA
Date : 08/09/2025
ORAL ORDER
(PER : HONOURABLE MR. JUSTICE A.Y. KOGJE)
1. The present appeal is filed under Section 19 of the Family Courts Act, 1984, against the order dated 12.11.2024 passed by the Family Court No.2, Surat in Family Suit No.678 of 2023, on an application at Exh.11 filed by the present respondent- wife under Section 24 of the Hindu Marriage Act, 1955 praying for interim maintenance for herself and the minor son and for expenses of proceedings.
2. The matter is at admission stage. However, the issue involved in the matter appears short and therefore, with consent of Page 1 of 8 Uploaded by SHITOLE MANISH P.(HC00188) on Thu Sep 11 2025 Downloaded on : Thu Sep 11 22:21:46 IST 2025 NEUTRAL CITATION C/FA/12/2025 ORDER DATED: 08/09/2025 undefined learned Advocates for the parties, the matter is taken up for hearing and final disposal. Paper-book is made available for perusal of the Court.
3. The brief facts of the case are that the marriage between the appellant-husband and respondent-wife was solemnized on 01.06.1998 at Surat, out of which the parties were blessed with a daughter. The appellant-husband thereafter got a job opportunity at Dubai and subsequently the respondent-wife and daughter joined him. At Dubai, the parties were blessed with a son and the family resided together till March 2018 and thereafter as the daughter wanted to study in India, the respondent-wife along with the children returned to Surat. Until that time, the relationship was cordial. However, thereafter the disputes arose on account of the changed behavior of the respondent-wife, more particularly due to her excessive engagement on social media and certain photographs discovered by the appellant-husband. 3.1 In view of the disputes arising between the husband and the wife, the appellant-husband served her with legal notice to join the appellant-husband with children at Dubai, which was not replied to by the respondent-wife. Thereafter, the appellant- husband filed HMP No.678 of 2023 under section 13 (1) (i-a), (i-b) of Hindu Marriage Act before the Family Court, Surat wherein the respondent-wife entered appearance and filed the written Page 2 of 8 Uploaded by SHITOLE MANISH P.(HC00188) on Thu Sep 11 2025 Downloaded on : Thu Sep 11 22:21:46 IST 2025 NEUTRAL CITATION C/FA/12/2025 ORDER DATED: 08/09/2025 undefined statement.
3.2 Further, in the proceedings, the respondent-wife filed an application at Exh.11 under Section 24 of the Act praying for interim maintenance for herself and the minor son and for litigation expenses and the Family Court, after hearing both parties, by order dated 12.11.2024 directed the appellant to pay interim maintenance of Rs.40,000/- to the respondent-wife and Rs.25,000/- to the minor son from the date of the application till final disposal of the divorce petition, and Rs.20,000/- towards litigation expenses. Hence, the present appeal.
4. Learned Advocate for the appellant-husband submitted that though the appellant is employed at Dubai and earns Rs.7,50,000/- per month, he also incurs monthly household and other expenses to the tune of Rs.5,50,000/- which has been duly substantiated by salary slips and affidavit filed on record. 4.1 Learned Advocate for the appellant has further submitted that the Family Court has not considered the fact that the appellant has provided for the residence and expenses for the wife and children. Further, the independent income of the respondent-wife, who is engaged as a yoga trainer, has not been considered and such a fact has been deliberately suppressed by not filing her Income Tax Returns despite stating in her affidavit that Page 3 of 8 Uploaded by SHITOLE MANISH P.(HC00188) on Thu Sep 11 2025 Downloaded on : Thu Sep 11 22:21:46 IST 2025 NEUTRAL CITATION C/FA/12/2025 ORDER DATED: 08/09/2025 undefined she would do so.
4.2 Learned Advocate for the appellant has further submitted that the respondent-wife had already filed an application under Section 125 of Cr.P.C. being Cr.M.A. No.1366 of 2023 prior to filing Exh.11 under Section 24 of the Hindu Marriage Act, which was not disclosed and therefore, the Family Court has erred in awarding maintenance.
4.3 Learned Advocate for the appellant has further submitted that the Family Court has not recorded adequate reasons as to how the figure of Rs.65,000/- per month was arrived at.
5. Learned Advocate for the respondent-wife supported the impugned order and submitted that the appellant has failed to maintain the respondent and their minor son and failed to provide for the food, educational, clothing or medical expenses inspite of being legally bound to provide for them. Moreover, the respondent has no independent source of stable income and is required to maintain herself as well as the minor son and the appellant has substantial income from his employment in Dubai.
6. Having heard the rival submissions of the parties and the materials on record including the affidavit of income and assets filed by the respondent-wife, it appears that the Family Court has duly weighed the admitted income of the appellant-husband being Page 4 of 8 Uploaded by SHITOLE MANISH P.(HC00188) on Thu Sep 11 2025 Downloaded on : Thu Sep 11 22:21:46 IST 2025 NEUTRAL CITATION C/FA/12/2025 ORDER DATED: 08/09/2025 undefined Rs.7,50,000/- as against that of the respondent-wife who is working as a yoga trainer and earning Rs.35,000/- per month. Insofar as the rival contention of the appellant-husband is concerned with respect to the wife earning a sum of Rs.1,00,000/- per month, nothing has been placed on record in order to substantiate such a claim.
7. Although the respondent-wife has prayed for a sum of Rs.1,70,000/- for maintenance of the respondent and the minor-son, the Family Court has carefully balanced the interests of both the sides, i.e. the higher earning capacity of the appellant-husband along with the reasonable needs of the respondent-wife and their minor son and has awarded a reduced sum of Rs. 65,000/- per month along with Rs.20,000/- towards litigation costs.
8. Further, insofar as the submission of the appellant- husband with respect to expenses amounting to a sum of Rs.5,50,000/- is concerned, as against the admitted monthly salary of Rs.7,50,000/-, a sum of Rs.2,00,000/- still remains which is sufficient in order to meet the award of interim maintenance amounting to Rs.65,000/- per month and Rs.20,000/- towards expenses of litigation and cannot be termed as excessive. Also, any such personal liabilities cannot override the paramount statutory obligations of the husband towards his wife and minor son which is provided for by law in order to place her at an equal financial footing so as to enable her to defend the divorce petition.
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9. The contention of the appellant-husband that the respondent-wife is a yoga trainer having independent income is not a sufficient reason in itself so as to disentitle the respondent-wife from claiming interim maintenance especially when her means are not sufficient as to maintain herself as well as to bear the expenses of the minor child. Further, such a income, if at all earned by the respondent-wife, cannot be considered to be stable source of income. In this regard, reference maybe made to the judgment of the Apex Court in the case of Manish Jain v/s Akansha Jain reported in 2017 (0) AIR (SC) 1640 wherein it was observed as under:-
"14. Section 24 of the HM Act empowers the Court in any proceeding under the Act, if it appears to the Court that either the wife or the husband, as the case may be, has no independent income sufficient for her or his support and the necessary expenses of the proceeding, it may, on the application of any one of them order the other party to pay to the petitioner the expenses of the proceeding and monthly maintenance as may seem to be reasonable during the proceeding, having regard to also the income of both the applicant and the respondent. Heading of Section 24 of the Act is "Maintenance pendente lite and expenses of proceedings". The Section, however, does not use the word "maintenance"; but the word "support" can be interpreted to mean as Section 24 is intended to Page 6 of 8 Uploaded by SHITOLE MANISH P.(HC00188) on Thu Sep 11 2025 Downloaded on : Thu Sep 11 22:21:46 IST 2025 NEUTRAL CITATION C/FA/12/2025 ORDER DATED: 08/09/2025 undefined provide for maintenance pendente lite.
15. An order for maintenance pendente lite or for costs of the proceedings is conditional on the circumstance that the wife or husband who makes a claim for the same has no independent income sufficient for her or his support or to meet the necessary expenses of the proceeding. It is no answer to a claim of maintenance that the wife is educated and could support herself. Likewise, the financial position of the wife's parents is also immaterial. The Court must take into consideration the status of the parties and the capacity of the spouse to pay maintenance and whether the applicant has any independent income sufficient for her or his support. Maintenance is always dependent upon factual situation; the Court should, therefore, would the claim for maintenance determining the quantum based on various factors brought before the Court."
10. The contention of the Husband that the respondent-wife had already filed an application under Section 125 of Cr.P.C. being Cr.M.A. No.1366 of 2023 prior to filing Exh.11 under Section 24 of the Hindu Marriage Act, was not disclosed need not be considered against the wife , as from the records of the case, it appears that both the proceedings were pending before the same Family Court and that similar orders were passed in both the matters on 12.11.2024. Therefore, there does not appear to be any element of suppression as the Court was seized of both the matters and has accordingly granted a relief while incorporating a safeguard in the Page 7 of 8 Uploaded by SHITOLE MANISH P.(HC00188) on Thu Sep 11 2025 Downloaded on : Thu Sep 11 22:21:46 IST 2025 NEUTRAL CITATION C/FA/12/2025 ORDER DATED: 08/09/2025 undefined impugned order that any amount awarded in any legal proceedings in favour of the respondent-wife and minor child shall be adjusted accordingly.
11. In view of the aforesaid discussion, the Court does not deem it fit to interfere with the impugned order dated 12.11.2024. The appeal therefore deserves to be and is hereby dismissed.
12. In view of the judgment passed in the main appeal, Civil Application does not survive. Disposed of accordingly. No order as to costs.
(A.Y. KOGJE, J) (NSSG,J) SHITOLE Page 8 of 8 Uploaded by SHITOLE MANISH P.(HC00188) on Thu Sep 11 2025 Downloaded on : Thu Sep 11 22:21:46 IST 2025