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LALITHA KANNEGANTI
H. P. Komala, W/o. N. Ravikumar – Appellant
Versus
N. Ravikumar, S/o. S. Nagaraju – Respondent
ORDER :
(Lalitha Kanneganti, J.) :
The present writ petition is filed aggrieved by the order passed on I.A. filed under Section 151 of CPC in MC.No.1694/2016 dated 17.02.2020 by the III Addl. Family Court, Bengaluru, the wife is before this court.
2. The petitioner and respondent are referred to as wife and husband for the sake of convenience.
3. The husband/respondent in the writ petition had filed MC seeking divorce on the ground of cruelty and desertion. In that, the wife had filed IA.No.3 under Section 24 of the Hindu Marriage Act r/w Section 151 of CPC to direct the husband to pay a sum of Rs.25,000/- per month towards maintenance pendenti-lite and pay a sum of Rs.50,000/- towards litigation expenses. The family court by order dated 14.03.2019 had granted an amount of Rs.15,000/- per month towards interim maintenance to her and her minor daughter from the date of application i.e., 15.07.2016 till the disposal of the main petition and also a sum of Rs.30,000/- towards one time litigation expenses. The husband is directed to pay the arrears of interim maintenance amount within one month in lumpsum and he shall pay the regular interim maintenance amount on or before on 5th day of eve
The court affirmed that non-compliance with maintenance orders can justify staying divorce proceedings under the inherent powers of the court.
Non-compliance with maintenance orders can lead to the issuance of warrants for levying the amount, as provided under Section 125 Cr.P.C.
The court ruled that repeated applications to modify a maintenance order, without change in circumstances, constitute an abuse of process, emphasizing the need for timely enforcement of maintenance r....
The Family Court has jurisdiction to strike off defense for non-payment of maintenance, and maintenance awarded is reasonable for an able-bodied person.
The court established that appeals against interim maintenance orders under Section 24 of the Hindu Marriage Act are maintainable under Section 19 of the Family Courts Act, emphasizing the need for s....
A divorce on grounds of desertion does not stop a divorced woman from claiming maintenance under Section 125 CrPC, thus recognizing her entitlement despite earlier payments treated as permanent alimo....
Appeal under Section 19 of Family Courts Act, 1984, would lie against order passed under Section 24 of Hindu Marriage Act for grant of interim maintenance.
Matrimonial proceedings cannot be dismissed for non-compliance with interim maintenance orders; timely enforcement of maintenance is crucial for fair adjudication.
The court emphasizes the necessity of maintenance obligations during matrimonial litigation, allowing penalties for non-payment to ensure equity in proceedings.
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