Harvinder Kaur vs Harminder Singh Choudhary (1984)
Relevant Court:Supreme Court of India
Facts:In this case, Harvinder Kaur filed for divorce and maintenance from her husband, Harminder Singh Choudhary, under the Hindu Marriage Act, 1955. Harvinder Kaur argued that after the dissolution of the marriage, she was left without any means of support, and therefore, entitled to maintenance. Harminder Singh, the husband, denied that he was responsible for her maintenance, arguing that she had sufficient means of her own. The case focused on the right to maintenance under the Hindu Marriage Act, specifically in the context of a wife’s entitlement after divorce and whether the husband’s obligation to maintain the wife persists after the marriage is dissolved.
Citation: (1984) 2 SCC 109
Issues:
● Whether the wife is entitled to maintenance after divorce under the Hindu Marriage Act, 1955.
● Whether a wife’s own earnings affect her entitlement to maintenance from her husband.
● Whether the husband’s ability to provide maintenance is contingent on the wife’s own financial capacity.
Relevant Articles:
Article 14 – Right to equality before the law.
Article 21 – Right to life and personal liberty.
Section 24, Hindu Marriage Act – Maintenance during pendency of divorce proceedings.
Judgment: The Supreme Court held that the wife is entitled to maintenance even after divorce under the Hindu Marriage Act, and the husband’s duty to maintain his wife is not affected by her financial capacity. The Court observed that the primary objective of maintenance is to ensure that a woman can live with dignity, regardless of her income or financial standing. The judgment emphasized that a wife’s entitlement to maintenance is rooted in the principle of fairness and equality, and the Court directed that a reasonable amount of maintenance be paid.
-Harinya
Saveetha School of Law
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