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Bombay High Court

KIRTIDA BHAVESH CHHADVAversusBHAVESH SHAMJI CHHADVA

Decided
Disposal
Disposed Off

Holding

The alleged conduct does not constitute cruelty; the divorce decree is set aside and the wife is entitled to maintenance and residential accommodation.

Summary

The parties were married on 28 February 2002 but separated within three months, after which the husband filed for divorce on the ground of cruelty under Section 13(1)(i-a) of the Hindu Marriage Act, 1955, and the wife filed for maintenance and residence under Section 18 of the Hindu Adoptions and Maintenance Act, 1956. The Family Court decreed divorce and dismissed the maintenance claim, relying on a solitary advertisement of the wife’s art classes as proof of self‑sufficiency. On appeal, the High Court held that the alleged behaviour—failure to cook, minor quarrels, and alleged disrespect—did not rise to the level of cruelty required for divorce and that the Family Court erred in concluding the wife could maintain herself. Consequently, the divorce decree was set aside, the husband’s petition dismissed, and the wife was awarded maintenance of Rs.10,000 per month plus an equal amount for residential accommodation. The Court also noted the husband’s professional capacity as a Chartered Accountant and the need to adjust maintenance for inflation.

Issues considered

  • The conduct alleged by the husband amounts to cruelty under Section 13(1)(i-a) of the Hindu Marriage Act, 1955.
  • Whether the wife is entitled to maintenance and residence under Section 18 of the Hindu Adoptions and Maintenance Act, 1956.
  • Whether the Family Court erred in finding the wife capable of self‑maintenance based on a single advertisement of art classes.
  • Whether the interim maintenance award should be enhanced in view of the husband’s earning capacity and inflation.

Legislation cited

Subjects

  • divorce
  • cruelty
  • maintenance
  • Hindu Marriage Act
  • Hindu Adoptions and Maintenance Act
  • family court appeal
  • interim maintenance
  • residential accommodation

Judgment

 NISHA             Digitally signed by
                   NISHA SANDEEP
 SANDEEP           CHITNIS
                   Date: 2026.05.11
 CHITNIS           16:11:59 +0530
                                                               fca.159&161.2010.doc



                   IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                        CIVIL APPELLATE JURISDICTION

                        FAMILY COURT APPEAL NO.159 OF 2010
                                      WITH
                        FAMILY COURT APPEAL NO.161 OF 2010

                Kirtida Bhavesh Chhadva
                Age. 31 yrs.
                3-9, Hemkunj, Mamaldarwadi,
                Opp. Saregam, Malad (W),
                Mumbai- 64, at present
                402, 4th Floor, Royal Amber,
                Behind Vishaka Building,                        …Appellant
                Malad (West), Mumbai-400 064.             (Orig. Respondent)

                              Versus

                Bhavesh Shamji Chhadva
                Residing at 2/32, Modern Building,
                Zakaria Bunder Road,                           …Respondent
                Cotton Green, Mumbai-400 015.                  (Orig. Deft.)

                Ms. Aditi Naikare (through legal aid) for the Appellant.

                Mr. Vaibhav Jagdale for the Respondent.


                                   CORAM: BHARATI DANGRE &
                                          MANJUSHA DESHPANDE, JJ.

                                  RESERVED ON  : 17th MARCH 2026
                                 PRONOUNCED ON : 8th MAY 2026




N. S. Chitnis                                                                  1/30
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                JUDGMENT :(Per Manjusha Deshpande, J.) :

                1.         Both these appeals arise out of the common judgment

                delivered by the Judge, Family Court Mumbai at Bandra in Petition

                No.A-1022 of 2004 and Petition No.C-188 of 2004 delivered on 23 rd

                July, 2010, thereby the petition for divorce has been decreed by

                dissolving the marriage under Section 13(1)(i-a) of the Hindu Marriage

                Act and dismissing the petition for maintenance filed by the wife.

                Feeling aggrieved by the outcome of both the petitions the respondent-

                wife has approached this Court by way of filing the appeals against the

                impugned orders.



                2.         The husband had filed Petition No.A-1022 of 2004 for

                divorce under Hindu Marriage Act 1955, on the ground of cruelty,

                whereas the wife has filed Petition No.C-188 of 2004 seeking

                maintenance and residential accommodation under the provisions of

                the Hindu Adoptions and Maintenance Act, 1956.

                           According to the husband, the marriage between the

                parties was solemnized as per the Hindu Vedic Religious Rites on 28 th


N. S. Chitnis                                                                       2/30
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                February 2002. Within few days of solemnization of marriage, dispute

                arose between the parties.

                            In June 2002, their dispute was resolved through

                mediation    and   they   decided    to   start    afresh.   However,    this

                reconciliation did not last for long and again on 7 th July 2002, the wife

                left the matrimonial home and started residing with her parents.

                            After waiting for a considerable period the husband filed

                Petition for Divorce on the ground of cruelty. The allegations of the

                husband were that wife was not behaving properly; was not doing her

                household work; she was disobedient towards his parents; her

                behavior was rude; she was not able to cook; the wife caused him

                mental stress, all these acts amount to cruelty.

                            The parties filed their respective written statements and

                lead evidence. The husband examined himself and his two witnesses in

                support of his allegations of cruelty. The wife deposed on oath and

                opposed all the allegations. After hearing the respective parties the

                impugned Judgment came to be passed.




N. S. Chitnis                                                                            3/30
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                3.           So far as the relief of maintenance claimed by the wife is

                concerned, during the pendency of the maintenance petition the

                application for interim maintenance filed by the wife was allowed and

                the husband has been directed to pay an amount of Rs.1200/- per

                month along with a cost of Rs.1,000/- vide order dated 21 st September,

                2005. This order continued to operate during the pendency of the

                petition till its decision.

                               It is submitted that the respondent was very much

                employed and is a qualified Chartered Accountant who was earning

                more than Rs.30,000/- to Rs.40,000/- per month during the pendency

                of the petition before the Family Court. The defence of the respondent

                before the Family Court about losing the job and not being able to

                earn anything is taken with a view to defeat her claim of maintenance.

                Presently he is having an established practice as a Chartered

                Accountant, therefore, the order refusing maintenance needs to be set

                aside by enhancing the amount which is granted by this Court by way

                of ad-interim relief.




N. S. Chitnis                                                                        4/30
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                4.         According to the appellant, it is admitted by the

                respondent that she was conducting art classes like decoration of bridal

                sarees, decorative articles along with basic drawing and painting from

                which she was earning sufficiently as such she was able to maintain

                herself which dis-entitled her for receiving any maintenance.



                5.          It is submitted that she, on her own volition, deserted the

                respondent on 7th July 2002 by leaving the matrimonial house and

                refusing to resume cohabitation. It was also contended before the

                Court that the respondent was not having any source of income

                because he was without any stable job and whatever his earning was it

                was from his Articleship.



                6.         The learned advocate for the appellant submits that, the

                evidence produced by the parties has not been properly appreciated by

                the learned Judge of the Family Court while passing the impugned

                judgment. While refusing the maintenance there is nothing produced

                on record by the respondent to show that the appellant is having



N. S. Chitnis                                                                        5/30
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                sufficient income. It also needs to be appreciated that a hobby or art

                cannot become a means of survival or a stable income for one’s

                livelihood.

                              Inspite of the fact that the respondent has not produced

                any material on record to show that the appellant is having any stable

                and permanent source of income she has been denied maintenance

                holding that she is not entitled for maintenance.



                7.            It is submitted that relying on one single advertisement

                given by the appellant, in the newspapers about her art classes, the

                learned Judge has come to a conclusion that she is having a stable

                source of income. The learned advocate submits that, the appellant

                being a legally wedded wife, is entitled for a decent maintenance and

                provision of residence, befitting the status of her husband who is a

                Chartered Accountant. Thus, she is entitled to be maintained with the

                same status as that of her husband. Hence, the learned Judge has

                committed a grave error in denying the relief of maintenance as

                claimed by her in the petition for maintenance.


N. S. Chitnis                                                                       6/30
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                8.           It is also submitted that the learned Judge has believed the

                distorted version of their married life presented by the respondent

                before the Court as a gospel truth. The learned Judge has failed to

                appreciate she left the matrimonial house on 7 th July, 2002, as she was

                forced to leave due to the harassment of the respondent and his

                relatives.



                9.           Although the respondent has claimed that she has behaved

                in a cruel manner with him, by her conduct and in language, but infact

                it was the respondent-husband and his parents who kept on making

                demands of dowry, expensive jewelleries, cash etc. from the appellant

                and her parents. Her parents have already spent Rs.4,00,000/- on her

                marriage, in order to meet every possible demand made by the

                respondent and his parents. The parents as well as the respondent

                himself have treated the appellant with a prejudice mind.




N. S. Chitnis                                                                         7/30
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                10.         The appellant has denied the allegations of refusing to do

                the domestic work. It is submitted that these allegations have been

                made only with a view to create grounds of divorce and defeat the

                claim of the appellant. In fact she was made to do all the household

                work of cleaning the house, utensils, clothes, cooking food etc.

                Despite doing all the household chores, the family members of the

                respondent were never satisfied, she had to bear all the atrocities of the

                family members of the respondent. They were refusing to eat the meals

                prepared by her, and compelled her to eat the entire leftover food all

                alone. She used to be scolded for petty things and was physically

                assaulted. Due to the harassment and torture she was compelled to

                leave the house and lodge a complaint. It was the respondent who

                inflicted physical and mental torture on the appellant. The allegations

                against the appellant were supported by examining the witnesses who

                are close relatives i.e. mother and maternal aunt who are interested

                witnesses. Thus, reliance on those witnesses to prove cruelty is

                justifiable. Therefore, the judgment and order passed by the learned

                Judge, Family Court, Mumbai at Bandra needs to be quashed and set


N. S. Chitnis                                                                          8/30
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                aside.



                11.         Per Contra the learned advocate for the respondent-

                husband submits that, the conduct of the appellant was such that it

                caused him mental agony. Firstly she was not giving respect to his

                parents; she behaved rudely and insulted them. She has left the house

                without just and reasonable cause without informing him on 7 th July,

                2002; she has harassed and tortured him by threatening to commit

                suicide. She has harassed him by filing written complaints with the

                police station as well as with various authorities as a counter blast to

                the petition for divorce filed by him.



                12.         The learned advocate submits that the evidence produced

                by the respondent is categorical and accurate on the issue of cruel

                treatment given by the appellant. So far as the, evidence in support to

                his allegations of cruelty is concerned, it is supported by the testimony

                of his mother, PW2-Amrutben Chhadva and PW3 his maternal aunt –

                Kasturben Vira. Therefore, the evidence produced by him has gone


N. S. Chitnis                                                                         9/30
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                untraversed holding that the allegations of cruelty stands proved.

                            Sufficient opportunity to lead the evidence was granted to

                the appellant, however she has failed to lead any evidence except her

                own testimony. As against that, the respondent had led cogent evidence

                through two other witnesses apart from his own evidence given on

                oath. The allegation made by the respondent about refusal of the

                appellant to stay jointly and demanding separate residence, has been

                fully corroborated by the testimony of PW2. There is no contradiction,

                or variation in the testimony of the witnesses examined by the

                respondent therefore the testimony of the witnesses has been rightly

                believed by the Court.



                13.         The learned advocate for the respondent further submits

                that, even the conduct of the appellant itself corroborates allegations

                made against her, necessity of calling a meeting within two and a half

                months of the marriage, for bringing about some solution to the

                prevailing situation itself speaks in volumes about her conduct. It is

                submitted that infact the period of cohabitation of the appellant in the


N. S. Chitnis                                                                        10/30
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                house of the respondent itself is too short.

                              In order to substantiate the allegations of cruel treatment

                by the appellant, the respondent, has relied on one instance when the

                respondent was humiliated publicly by the appellant, while attending a

                function commonly held in their community, where she has refused to

                have snacks offered during the programme on the pretext that she was

                having a fast when she was actually not fasting at all which came to the

                notice of all the relatives present, which caused him embarrassment

                and humiliation to a great extent. The appellant has admitted of

                having attended such function with her mother-in-law. The appellant

                has also accepted during the cross examination that, after marriage the

                quarrel between them started about 8 days or there-about. She also

                accepted the suggestion that the reason for their quarrel was her

                inability to do the household work.



                14.         We have heard the respective parties, perused the

                documents placed on record. After hearing the parties and appreciating

                the facts and the legal position which exists as on date, what emerges is


N. S. Chitnis                                                                        11/30
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                that after a duration of short cohabitation of less than 3 months of

                their marriage the parties have started residing separately. The

                attempts for reconciliation during the intervening period, have failed.



                15.         The respondent has claimed a relief of divorce alleging

                cruelty against the appellant-wife. In support of the allegations of

                cruelty he has examined himself along with two other witnesses i.e.

                PW2 and PW3 respectively, who are his mother and the maternal aunt.

                They have supported the allegations about the behavior of the

                appellant branding it as cruel, by alleging that she did not give due

                respect to the elders; was always in a mood to quarrel; would not

                listen to the advice given by the elders; she was not able to cook food

                properly and was causing them embarrassment in the society, these are

                the allegations made against the appellant. These allegations are made

                on the background of the short tenure of cohabitation of less than 3

                months. Therefore, the question remains that whether the behavior of

                the appellant about lack of expertise in domestic work, cooking food

                and constant bickering amounts to cruelty.


N. S. Chitnis                                                                        12/30
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                16.        After going through the evidence, we find that this

                phenomenon is usual feature in the beginning of a marriage.

                Therefore, this behavior alone would not amount to cruelty during the

                short stint of cohabitation. The allegations made by the respondent are

                general, which are usually made by the parties to a marriage in the

                initial days of adjustments. Thus, this ordinary wear and tear of

                marriage has been given undue weightage to treat it as cruelty. The

                term cruelty as contemplated in Section 13(1)(ia) of the Hindu

                Marriage Act 1955, must be of such intensity that, it should make the

                cohabitation of other spouse impossible. It should be of such nature

                that appellant spouse carries a reasonable apprehension of physical or

                mental harm due to the behavior of the other spouse. There has to be a

                continuous humiliation, severe persistent behavioral issues and false

                allegations that would result in humiliation and lowering down one’s

                image in public.

                           Applying the said parameters when we examine the

                allegations made against the appellant, which are claimed to have been


N. S. Chitnis                                                                      13/30
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                proved during the proceedings before the Family Court, we do not

                find the allegations to be of such a nature that it can be termed as

                ‘cruelty’ of such intensity making the respondent entitled for a decree

                of divorce.



                17.           Bald allegations of the respondent supported by the

                interested witnesses who amongst them is, one against whom

                allegations are made by the appellant cannot be a reliable witness she is

                the mother of respondent and specific allegations of cruelty and ill-

                treatment are made against her, such witness is bound to depose

                against the appellant. Thus, the reliance on such evidence placed by

                the learned Judge to hold that cruel treatment has been meted to the

                respondent is unsustainable in view of the foregoing facts of the

                present case.



                18.           Even the witness No.3 is a sibling of PW2 is clearly an

                interested witness, who is never going to put forth an impartial version

                of the events that have occurred. Thus, even her testimony is not



N. S. Chitnis                                                                        14/30
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                worth taking into consideration.



                19.         If testimony of both the witnesses is ignored, the only

                evidence that remains is the evidence in the form of testimony of the

                respondent himself. There are counter allegations made by the

                appellant and the respondent against each other. Thus, the allegation

                of cruelty against the appellant-wife is not proved by the respondent-

                husband. The learned Judge of the Family Court has committed a

                grave error by relying on the scanty material to hold that the

                respondent has proved cruelty, making the respondent entitled for

                decree of divorce.



                20.         The nature of allegations that are treated as cruelty, needs

                to be appreciated for deciding whether the allegations made by the

                respondent-husband amounts to ‘cruelty’. From the pleadings as well

                as the deposition of the witnesses, the nature of allegations amounting

                cruelty made against the appellant are as follows:-

                (i)   Refusing to obey the commands of in-laws;


N. S. Chitnis                                                                        15/30
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                (ii)    Allegation that the meals she prepared were not palatable; she

                was not ready to cook; not able to perform the household chores;

                (iii)   She never prepared tiffin for her husband while he was leaving

                the house for his work;

                (iv)    She was frequently visiting her parents house and was required

                to be brought back;

                (v)     Refusing to give respect to the elders;

                (vi)    She behaved in a rude manner.

                               All these allegations are made against the appellant during

                their cohabitation of few months i.e. between 28 th February 2002 to 7th

                July 2002. During such short span the allegations that are made are

                not at all of serious nature, that can be held to be amounting to

                ‘cruelty’.



                21.            The respondent-husband has filed proceedings for divorce

                invoking Section 13(1)(i-a) of the Hindu Marriage Act, 1955, which

                reads thus:-

                          13. Divorce.—(1) Any marriage solemnized, whether before
                         or after the commencement of this Act, may, on a petition

N. S. Chitnis                                                                         16/30
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                       presented by either the husband or the wife, be dissolved by a
                       decree of divorce on the ground that the other party—
                             (i) has, after the solemnization of the marriage, had
                             voluntary sexual intercourse with any person other than
                             his or her spouse; or
                             (i-a) has, after the solemnization of the marriage, treated
                             the petitioner with cruelty; or……..”


                             The above provision enable either the husband or a wife to

                present a petition for divorce on the ground that the other party has

                after solemnization of marriage treated the petitioner with cruelty.

                However, the word ‘cruelty’ has not been defined in the Hindu

                Marriage Act, 1955. The meaning of word ‘cruelty’ in context with

                marriage would mean willful, unjustified conduct by one spouse, that

                causes serious physical or mental pain and suffering rendering

                continued cohabitation unbearable. It also contemplates a reasonable

                apprehension that living with the other spouse is harmful and injurious

                to the life, limb or health of the other spouse.

                             Cruelty is broadly categorised as ‘physical cruelty’ and

                ‘mental cruelty’. Physical cruelty constitutes striking, slapping,

                pushing, kicking or any type of bodily damage by assault or threats of

                such acts.

N. S. Chitnis                                                                       17/30
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                              ‘Mental cruelty’ means a conduct that causes emotional

                distress, humiliation or suffering making it impossible for a spouse to

                continue with the marriage. The examples of mental cruelty are using

                abusive      language,   derogatory   remarks,   public   embarrassment,

                restriction on freedom. These are some of the examples, however, it is

                subjective and may change from person to person, according to the

                social environment and the family background. Therefore, since there

                are no definite parameters as to what amounts to cruelty. The concept

                of ‘cruelty’ and its meaning changes from case to case based on facts of

                each case.



                22.           When we analyse the allegations made against the

                appellant and put ourselves a question whether the conduct of the

                appellant towards the family members of the respondent and the

                respondent himself amounts to cruelty. In our view in order to invoke

                the ground of cruelty there has to be consistent apprehension in the

                mind of a spouse that the continued cohabitation has become so

                unbearable making it impossible to live with the other spouse. The first


N. S. Chitnis                                                                        18/30
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                hurdle is the period of cohabitation of the appellant and the

                respondent, which is so short that it is beyond comprehension that the

                parties found it impossible to live with each other any further.



                23.         The allegations made against the appellant are of trivial

                nature that are usually made by the respective spouses against each

                other in the beginning of their marriage. The conduct of cruelty must

                be persistent for a fairly long time, where the relationship had

                deteriorated to such an extent that it is impossible for the wronged

                party to cohabit with the other party. Considering the length of

                cohabitation of the parties, we do not find that they have lived

                together for sufficient length of time to infer from the conduct of the

                wife, whether it would amount to cruel behaviour to such extent,

                which made their cohabitation impossible.

                            For grant of divorce on the ground of cruelty, the actions,

                complained of must be severe and causing extreme mental or physical

                violence rather than ordinary household disagreements. This squarely

                applies to the present case. Mere failure to perform domestic work


N. S. Chitnis                                                                        19/30
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                such as cooking, cleaning does not automatically amount to cruelty as

                marriage is a partnership of equals and not a service contract and the

                wife’s are not “deemed maids”. Therefore, refusal of the wife to

                perform daily chores even in our view do not qualify as a mental

                cruelty.



                24.        In view of the aforementioned observations and the

                evidence led by the parties, we do not find that the learned Judge of

                the Family Court is justified in holding that the respondent-husband

                has proved the allegation of ‘cruelty’ against the appellant-wife. Since

                we are of the view that the alleged conduct of the appellant is

                insufficient to constitute ‘cruelty’, therefore we hold that the order

                passed by the learned Judge of the Family Court is against the purport

                and meaning of the concept of “cruelty” for grant of divorce under

                Section 13(1)(i-a) of the Hindu Marriage Act.



                25.        The other petition decided in the common judgment is

                about the claim for maintenance made by the appellant in Hindu



N. S. Chitnis                                                                       20/30
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                Marriage Petition No.C-188 of 2004. The appellant had filed petition

                for maintenance under the provisions of Hindu Adoptions and

                Maintenance Act 1956, seeking directions to pay her a monthly sum of

                Rs.5,000/- towards maintenance and alimony along with a prayer for

                grant of expenses for her accommodation @ Rs.5,000/- per month. It

                was her contention that she was constrained to leave her matrimonial

                house due to the ill-treatment by the respondent and his parents along

                with other family members, as such she has been residing separately

                since 7th July 2002, without any monetary support from the

                respondent; she does not have any source of income and she is not

                qualified to apply for any job since she is educated only upto

                matriculation. Till the filing of the petition for maintenance she did

                not have any independent source of income, whereas it is claimed by

                her that the respondent who is a qualified Chartered Accountant, is

                earning a handsome monthly income of Rs.30,000/- to Rs.40,000/- as

                he also undertakes private works of accounting along with his

                employment in one Accountancy Firm i.e. Gala and Gala.




N. S. Chitnis                                                                      21/30
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                26.        Being a legally wedded wife of the respondent she is

                entitled for maintenance under Section 18 of the Hindu Adoptions and

                Maintenance Act, 1956.       Her application was resisted by the

                respondent by filing written statement, wherein he claimed that the

                appellant has been residing away from the matrimonial house without

                any reasonable cause, she has herself deserted him on 7 th July 2002,

                therefore, she is not entitled to claim any maintenance from him.

                According to him, his income was not as high as claimed by the

                appellant but he was earning about Rs.10,000/- per month. He relied

                on the Income Tax Returns which discloses that his income was about

                Rs.10,000/- to Rs.12,000/- per month. He has placed on record the

                Income Tax Returns from the year 2017 and 2018, which show his

                Gross Income was Rs.1,26,039/-; in the year 2018–2019, it was

                Rs.1,36,478/-, in 2019-2020, it was shown as Rs.1,39,887/- and in

                2020-2021, it was again reduced to Rs.1,27,650/-, for the Financial

                Year 2021-2022, his Gross Income was Rs.1,29,330/-. According to

                him he has responsibility of his mother who is aged and ailing,

                therefore he has to take care of her medical expenses as well as his


N. S. Chitnis                                                                     22/30
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                own needs, therefore, he did not have any additional income to meet

                the demands of the appellant by paying maintenance of Rs.30,000/-

                per month.



                27.          When the appellant had approached this Court in the

                present Appeal for Maintenance i.e. Family Court Appeal No.161 of

                2010, by way of an interim order the appellant was awarded

                Rs.5,000/- per month with effect from 1st April 2013 vide order dated

                29th August 2013, in Civil Application No.111 of 2013. Thereafter the

                appellant has again filed Interim Application No.2 of 2019 for

                enhancement      of    the    maintenance,     claiming    that     the

                respondent/opponent has not placed his true income and assets before

                the Court, he has suppressed his actual income as well as the assets.

                She has placed on record the picture with the name plate of

                respondent in a residential building with multiple flats among, which

                one of the flats is owned by him, which he claims to be residing on

                rental basis. Another picture of a house constructed in the village of

                the respondent is also placed on record. She relies on the profile page


N. S. Chitnis                                                                      23/30
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                of the Institute of Chartered Accountants of India claiming that the

                respondent is a professional with independent accounting practice.



                28.         At this stage, having considered the findings recorded

                hereinabove on the basis of the pleadings and evidence led by the

                parties, it becomes necessary to consider the claim of the appellant–

                wife for maintenance and residential accommodation. The record

                indicates that the appellant had instituted Petition No. C-188 of 2004

                asserting that she is a housewife, unemployed, and unable to maintain

                herself, and that she was constrained to reside with her parents after

                being subjected to ill-treatment and being driven out of the

                matrimonial home. The said position is consistently maintained in her

                pleadings as well as in her evidence.



                29.         Upon re-appreciation of the evidence on record, this Court

                finds that the conclusion drawn by the learned Family Court that the

                appellant was capable of maintaining herself is not supported by any

                cogent or reliable material. The entire finding of the Family Court rests


N. S. Chitnis                                                                        24/30
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                upon a solitary instance of an advertisement allegedly issued by the

                appellant in relation to art and craft activities. As already noted from

                the record, there is no material whatsoever to indicate that such

                activity translated into a regular or sufficient source of income. It is

                well settled that mere possession of a skill or sporadic engagement

                cannot be equated with a stable source of livelihood. The evidence on

                record does not demonstrate that the appellant had any independent

                income sufficient to maintain herself.

                            On the other hand, the appellant has consistently asserted

                that the respondent is professionally qualified and earning. It is

                submitted that the respondent was earning between Rs.30,000/- to

                Rs.40,000/- per month from his professional engagements. The

                respondent has not placed any cogent material to conclusively dislodge

                this assertion. Even otherwise, it is an admitted position that the

                Respondent is a Chartered Accountant by qualification, and therefore

                possesses the professional capacity to earn.

                            In response to the above assertion the respondent has

                sought to rely upon his Income Tax Returns to project a limited


N. S. Chitnis                                                                       25/30
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                income; however, it is pertinent to note that even in the interim

                proceedings, such returns were taken into consideration only in the

                absence of any better material and cannot be treated as conclusive of

                the Respondent’s true earning capacity.



                30.         In this context, the principles laid down by the Hon’ble

                Supreme Court in Rajnesh vs. Neha and Another.1 assume significance,

                wherein it has been observed that income disclosures in maintenance

                proceedings must be scrutinized with care, as they may not always

                reflect the true financial capacity of the earning spouse. The

                respondent, being a qualified Chartered Accountant, possesses the

                professional capacity to earn, and the assessment of his financial

                capacity cannot be confined merely to the income disclosed in the

                returns, but must take into account the overall circumstances, earning

                potential, and standard of living.

                            It is also required to be noted that the interim

                maintenance, even after enhancement to Rs.5,000/- per month in the

                year 2013, was fixed more than a decade ago. The Court cannot be
1   (2021) 2 SCC 324

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                oblivious to the substantial increase in cost of living, inflation, and

                basic living expenses since then. An amount which may have been

                considered reasonable at an interim stage, based on limited material,

                would not suffice for ensuring a dignified existence in the present

                economic scenario.

                            As regards the claim for residential accommodation,

                though the same was declined at the interim stage, the rejection was on

                the ground that such relief partakes the character of a final relief and

                was not appropriate for grant at an interlocutory stage. The said

                observation cannot be construed as a rejection of the substantive

                entitlement of the appellant to residence. The evidence on record

                clearly indicates that the appellant has been residing with her parents

                after separation and has no independent residential arrangement. The

                right to residence is an integral component of maintenance,

                particularly where the wife does not have independent means.

                            Thus, upon a holistic appreciation of the evidence on

                record, this Court finds that (i) there is no reliable material to establish

                that the appellant has an independent source of income, (ii) the


N. S. Chitnis                                                                          27/30
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                respondent possesses the professional qualification and earning

                capacity to maintain the appellant, and (iii) the findings recorded by

                the learned Family Court are based on an erroneous appreciation of

                evidence and cannot be sustained.

                             Having regard to the aforesaid, the appellant-wife is

                entitled to maintenance at a reasonable rate. The determination must

                be fair, not excessive, and sufficient to enable the appellant to live

                with dignity. In the considered opinion of this Court, an amount of

                Rs.10,000/- per month towards maintenance and a further sum of

                Rs.10,000/- per month towards residential accommodation would

                meet the ends of justice. The finding of the learned Family Court

                denying maintenance to the appellant is therefore liable to be set aside.

                Both the Family Court Appeals are accordingly disposed of, on the

                following terms and conditions :-

                                                ORDER

                       i)         Both the Family Court Appeals are allowed;


                       ii)        The common Judgment and Decree dated 23 rd
                       July, 2010 passed by the learned Judge, Family Court,


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                Bandra, Mumbai in Petition No. A-1022 of 2004 and
                Petition No.C-188 of 2004 is hereby quashed and set
                aside;


                iii)      Petition No. A-1022 of 2004 filed by the
                respondent–husband seeking divorce under Section 13(1)
                (i-a) of the Hindu Marriage Act, 1955 stands dismissed;


                iv)       Petition No. C-188 of 2004 filed by the
                appellant–wife under Section 18 of the Hindu Adoptions
                and Maintenance Act, 1956 stands allowed;


                v)        The respondent–husband shall pay to the
                appellant–wife maintenance at the rate of Rs.10,000/-
                (Rupees Ten Thousand only) per month;


                vi)       The respondent shall further pay a sum of
                Rs.10,000/- (Rupees Ten Thousand only) per month
                towards residential accommodation;


                vii)      The aforesaid amounts shall be payable from
                the date of the Application;




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                    viii)     The amounts shall be paid on or before the 10 th
                    day of each calendar month;


                    ix)       No order as to costs.




                MANJUSHA DESHPANDE, J.                  BHARATI DANGRE, J.




N. S. Chitnis                                                                    30/30


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