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RAJANI DUBEY, SANJAY KUMAR JAISWAL
Akanksha Gehalot W/o Antriksh Gehalot – Appellant
Versus
Antriksh Gehalot S/o Santosh Kumar Gehalot – Respondent
ORDER :
1. The appellant has preferred this First Appeal (MAT) against the judgment and order dated 12.02.2024 passed by the learned Family Court, Rajnandgaon in Civil Case No. 251A/2023 whereby the learned Family Court while deciding the application preferred by the appellant under Section 24 of the Hindu Marriage Act for maintenance pendente lite has granted Rs. 100/- to the appellant herein for each appearance and litigation cost of Rs. 3,000/- and has not awarded any amount under the head of maintenance.
2. Learned counsel for the appellant submits that while considering the application under Section 24 of the Hindu Marriage Act, 1955, it is the bounden duty of the Family Court to consider and pass a speaking order with regard to the maintenance pendente lite. The impugned order has been passed contrary to the spirit and mandate of Section 24 of the Hindu Marriage Act, 1955 which aims to support either of the spouse during the pendency of the proceeding under the said Act. The appellant’s application dated 12.02.2024 was duly supported by an affidavit and the appellant had categorically stated that she has no independent source of income sufficient for her to live and bear the co
The court emphasized that interim maintenance must be reasonable and based on the financial needs of the petitioner, regardless of the ultimate outcome of the divorce proceedings.
Section 24 of the Hindu Marriage Act mandates maintenance for spouses lacking independent income, emphasizing financial support during matrimonial disputes.
The court reaffirmed the necessity of financial support for a dependent spouse during proceedings, emphasizing the discretion courts have in evaluating alimony based on financial circumstances.
Section 24 of the Hindu Marriage Act, 1955 aims to provide financial assistance to a party in a matrimonial dispute who lacks independent income, considering the inability to maintain themselves and ....
The court established that an able-bodied husband has a legal obligation to maintain his wife, regardless of his employment status, and that interim maintenance is essential to prevent the destitutio....
(1) While considering application for award of interim maintenance, relevant consideration is inability of spouse to maintain himself or herself for want of independent income or inadequacy of income....
Section 24 of the Hindu Marriage Act, 1955 aims to provide financial assistance to the party with no independent income during the pendency of matrimonial disputes.
Under Section 24 of the Hindu Marriage Act, the court must have regard to the income of the parties before making an order for maintenance pendente lite.
The determination of maintenance pendente lite under Section 24 of HMA should consider the financial capacity and obligations of the parties, and the spouse seeking maintenance should make sincere ef....
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