The main legal point established in the judgment is that the provision under Section 24 of the Hindu Marriage Act, which provides for maintenance pendente lite and expenses of proceedings, is a benevolent provision enacted to provide relief to a spouse and must be followed in accordance with the law.

JUDGMENT :

Urmila Joshi-Phalke, J.

1. The appellant has challenged the judgment and decree of divorce passed by the Family Court, Akola on 22.10.2021 in the present appeal.

2. Brief facts of this appeal are as under :

Appellant-Chanda W/o. Prakashsingh Rathod and respondent-Prakashsingh @ Prakash S/o. Ramadharsingh Rathod were husband and wife. Their marriage was solemnized on 6.5.2006 as per Hindu rites and religion. One son and one daughter are begotten from the said wedlock. When appellant was cohabiting with the respondent a matrimonial dispute arose between them, therefore appellant left the matrimonial house and started residing along with her mother at Nanded. As appellant has left the matrimonial house, respondent-husband had filed petition in the Family Court for divorce alleging that since the marriage the behaviour of the appellant-wife was not good and proper. She was treating him and his family members with cruelty by raising quarrels on trifle matters. She also threatened him of committing suicide and would involve the appellant and his family members in false criminal case. However, he had continued with the matrimonial relationship to save his marriage. In the meanwhile, two children are begotten. There was no change in the behaviour of the wife and she left the matrimonial house on 1.6.2015. Though he had attempted to bring her back to resume the cohabitation but wife had ignored the same and not joined the company. Thus, he contended that the appellant-wife withdrawn herself from his company therefore he filed Hindu Marriage Petition No.93/2016 for restitution. After filing of the said petition appellant-wife had not resumed the cohabitation therefore he filed petition under Section 13(1) (i-a)(i-b) of the Hindu Marriage Act, 1955 (hereinafter referred to as “the Hindu Marriage Act”) for grant of divorce. In the meantime, when appellant-wife was residing along with her parents had filed application for maintenance for herself and her two children in the Family Court at Nanded bearing No.E-45/2017. Said maintenance application was decided on 7.12.2018 by directing the respondent-husband to pay maintenance at the rate of Rs.3,000/- each per month to the children and the claim of the appellant-wife for maintenance was rejected.

3. The respondent-husband had filed divorce petition bearing No.A-113/2018 in the Family Court, Akola on 5.7.2018. The respondent-wife appeared and filed written statement on 11.1.2019. She denied all the allegations levelled against her by respondent-husband. She contended that she was treated with cruelty by the husband and his relatives and she constrained to leave the matrimonial house and took a shelter at her parents house. The respondent-husband had not made any provision for her maintenance as well as maintenance of the children, therefore she filed the proceedings under Section 125(1) for grant of maintenance as well as under Section 498-A. The proceedings under Section 125(1) was disposed by granting the maintenance to the children, whereas proceedings under Section 498-A is still pending at Nanded. Along with said written statement she filed an application for maintenance under Section 24 of the Hindu Marriage Act. The respondent-husband filed reply to the application filed by her for maintenance. After framing the issues respondent-husband adduced his evidence by filing affidavit of examination-in-chief on 10.2.2021. As appellant-wife was absent on 10.2.2021, 14.8.2021 and 1.9.2021, the petition proceeded without the cross-examination and the Presiding Officer of the Family Court disposed of said petition by granting decree of divorce.

4. Being aggrieved and dissatisfied with the order passed by the Family Court, present appeal is preferred by the appellant-wife on the ground that she had appeared in the said Hindu Marriage Petition before the Family Court and filed application under Section 24 of the Act for maintenance pendente lite expenses of the proceedings till disposal of the