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2017 Supreme(Del) 4875

J.R.MIDHA
Kusum Sharma – Appellant
Versus
Mahinder Kumar Sharma – Respondent


Advocates Appeared:
For the Appellant :Mr. Sunil Mittal, Senior Advocate as amicus curiae with Ms. Seema Seth, Advocate, Ms. Anu Narula, Advocate as amicus curiae.

ORDER :

J.R. Midha, J.

Section 24 of the Hindu Marriage Act empowers the Court to award maintenance pendente lite and litigation expenses to a party who has no independent income sufficient for his/her support in proceedings pending under the Hindu Marriage Act, 1955, having regard to the income of the parties. The Proviso to Section 24 provides that application under Section 24 shall be disposed of within 60 days of the date of service of notice on the opposite party.

2. Vide judgment dated 14th January, 2015, this Court laid down the guidelines for expeditious hearing and disposal of maintenance applications under section 24 of Hindu Marriage Act. This Court considered the Best International Practices with respect of the mandatory filing of an affidavit of assets, income and expenditure by both the parties in matrimonial disputes. This Court formulated an affidavit of assets, income and expenditure to be filed by both the parties at the very threshold of the litigation. This Court sought the response of the Courts below on the working of the guidelines and further suggestions.

























































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