The main legal point established is that a wife with no source of income is entitled to interim maintenance under Sec. 24 of the Hindu Marriage Act when any proceeding under the Act is pending.

JUDGMENT

1. The petitioner aggrieved by the order on I.A.No.5 dtd. 5/12/2021, passed in M.C.No.44/2019 on the file of Addl. Senior Civil Judge & JMFC, Mudhol, has filed this writ petition.

2. Brief facts leading as to filing of this writ petition are as under:

The respondent filed a petition under Sec. 13(1) of the Hindu Marriage Act against the petitioner seeking for divorce. The petitioner filed objections to the petition. The petitioner filed an application for interim maintenance under Sec. 24 of the Hindu Marriage Act. The trial Court after hearing the parties, dismissed the application filed by the petitioner. Hence this writ petition.

3. Heard Smt. Deepa, learned counsel for petitioner and learned counsel for the respondent.

4. Learned counsel for the petitioner submits that the trial Court has committed an error in rejecting the application for interim maintenance. She submits that the petitioner being the wife and respondent being the husband, it is the legal duty of the respondent to maintain the wife i.e., the petitioner. She submits that the petitioner has no source of income to maintain herself and the said fact was not considered by the trial Court and wrongly dismissed the application filed by the petitioner. Hence, on these grounds, he prays to allow the writ petition.

5. Per contra, learned counsel for the respondent submits that the petitioner filed a suit for maintenance in O.S.No.192/2010 and the said suit came to be decreed by the trial Court and awarded maintenance amount of Rs.5, 000.00 p.m. and the respondent has paid amount to the tune of Rs.4, 92, 300.00. He submits that the respondent aggrieved by the judgment and decree passed in the said suit, preferred an appeal in R.A.No.26/2016.

The said appeal came to be allowed vide judgment dtd. 16/9/2019 and ordered to return the plaint to the petitioner for presentation before the proper Court having jurisdiction over the subject-matter. He submits that the respondent has no capacity to pay the maintenance.

Hence he submits that the order passed by the trial Court is just and proper and does not call for interference.

6. Perused the records and considered the submissions made by the learned counsel for the parties.

7. It is not in dispute that the petitioner is the wife of respondent and it is also not in dispute that the petitioner has no source of income to maintain herself. The respondent filed a divorce petition in M.C.No.44/2019. The petitioner filed an application under Sec. 24 of the Hindu Marriage Act for interim maintenance. Sec. 24 of the Hindu Marriage Act provides for interim maintenance. It is very evident that Sec. 24 applies when any proceeding under the Act is pending and no exception can be carved out for proceedings under Sec. 13 of the Hindu Marriage Act. Sec. 24 implies the expression 'wife' and 'husband'. The status of husband and wife for the purpose of Sec. 24 has been achieved by the spouses by such solemnization. The respondent has admitted that he has owned landed properties and has not denied that the petitioner is residing separately from the respondent. Further the petitioner has no source of income for maintaining herself. The trial Court without considering the object of Sec. 24 of the Act, has dismissed the application. The trial Court committed an error in dismissing the application filed by the petitioner. In view of the above discussion, this Court is of the opinion that the petitioner is entitled for interim maintenance pendente lite.

8. Accordingly, I proceed to pass the following:

ORDER

The writ petition is allowed.

Impugned order is set aside.

Consequently, I.A.No.5 is allowed. The petitioner is entitled for interim maintenance at the rate of Rs.3, 000.00 p.m., from the date of application till the disposal of petition and petitioner is entitled for Rs.20, 000.00 towards litigation expenses.

Respondent is directed to pay the arrears of interim maintenance at the rate of Rs.3, 000.00 p.m. and litigation expenses within a period