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ARUN KUMAR JHA
Abhay Chandra Chaudhary – Appellant
Versus
Srimati Shobha Chaudhary @ Runni Chaudhary – Respondent
Arun Kumar Jha, J.—The instant civil miscellaneous petition has been filed by the petitioner seeking following relief(s):—
“(i) Quashing the order dated 2.8.2017 passed by the ld. Principal Judge, Family Court, Madhubani in M.M. Case no. 77 of 2016 (Annexure-7) whereby and whereunder he has allowed the petition of the opposite party/respondent and directed the petitioner to pay Rs. 3500/- and Rs. 1500/- for maintenance and expenses of the proceeding monthly during pendency of the case to the opposite party from the date of order.
(ii) For directing and holding only maintenance instead of expenses of the proceeding.
(iii) For issuance of any other writ/writs, order/orders direction/directions for which the petitioner may be found entitled to.”
2. Shorn of unnecessary details, the case of the petitioner is that he has filed the matrimonial case vide M.M Case No. 77 of 2016 in the court of learned Principal Judge, Family Court, Madhubani under Section 13(1)(1)(a) of the Hindu Marriage Act, 1955 for divorce against his wife opposite party/respondent, herein on 11.04.2016 on account of desertion by the respondent without any reason. The respondent appeared and contested the claim of the pet
The court emphasized that proceedings for interim maintenance under Section 24 of the Hindu Marriage Act must take precedence to ensure subsistence for dependent spouses during ongoing divorce litiga....
The court established that interim maintenance under Section 24 of the Hindu Marriage Act is essential for ensuring the sustenance of a spouse without independent income during divorce proceedings, a....
The Court upheld the principle that maintenance pendente lite may be granted based on a comparative assessment of both parties' incomes under Section 24 of the Hindu Marriage Act.
The court upheld the trial court's decision granting interim maintenance, highlighting the need for financial support during divorce proceedings when independent income is lacking.
An interim maintenance order under Section 24 of the Hindu Marriage Act is interlocutory and not appealable under Section 19 of the Family Courts Act; thus, Article 227 is the appropriate remedy.
(1)Award ofMaintenance Pendente Lite – No appeal against an order passed as an interlocutory order can be filed under Section 19 of Family Court’s Act and petition under Article 227 of Constitution o....
Maintenance under Section 24 of the Hindu Marriage Act continues during stayed proceedings, ensuring financial support for legal actions, thus the liability for payment is unaffected.
The duty of the Family Court to dispose of applications for maintenance and litigation expenses under Sec. 24 of the Hindu Marriage Act within the stipulated time period to provide monetary assistanc....
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