In the case of Dr. E. Shanthi vs Dr. H.K. Vasudev, the respondent husband had filed for
divorce. the petitioner wife had filed an application under section 24 of the hindu marriage
act for interim maintenance of Rs 5000 per month and litigation expenses of 50,000/.

The above application under section 24 was dismissed by the trail court on the ground that
the petitioner wife was a doctor and had her name on the board of Hariharan Clinic as one of
the consulting Doctor.

The petitioners reason that the said name appears along with her brother prior to marriage and even
though she is not practicing as a Doctor, her name on the board continuous and therefore, petitioner is
entitled for a separate maintenance was dismissed .

The issue faced in this case is whether a qualified woman who had stopped working entitled to interim
maintenance. In this case, The High Court was in conformity with the decision of the trial court
and held that :

Admittedly, petitioner is residing with her parents at Chennai and whose brother is also a
doctor. When the petitioner was practicing prior to marriage, when her name continuous on
the board of the clinic, the Trial Court is justified in rejecting the application of the

The High Court agreed with the decision of the Trial Court in rejecting the application of the petitioner. When
the petitioner is capable of earning and having required qualification and that when she was
working as a doctor prior to marriage, there cannot be any difficulty for her to continue the
same profession. Therefore,Section 24 of the Hindu Marriage Act cannot come to the aid of
such persons.


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