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IN THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM & ARUNACHAL PRADESH)
MRIDUL KUMAR KALITA
Sanjib Hazarika, S/o-Late Hiranya Hazarika – Appellant
Versus
Mitali Hazarika, W/o - Sri Sanjib Hazarika – Respondent
JUDGMENT :
MRIDUL KUMAR KALITA, J.
1. Heard Mr. R. Goswami, the learned counsel for the petitioner. Also heard Mr. S. R. Boruah, the learned counsel for the respondent.
2. This application under Article 227 of the Constitution of India read with Section 151 of the Code of Civil Procedure, 1908 has been filed by the petitioner, namely, Sanjib Hazarika, impugning the order dated 18.03.2024, passed by the learned Additional District Judge No.2, Nagaon, Assam in Misc(J) Case No.27/2022, in connection with Matrimonial Suit (Divorce) No.44/2021, whereby on an application under Section 24 of the Hindu Marriage Act, 1955, the petitioner was directed to pay an interim maintenance allowance of Rs.8,000/- (Rupees eight thousand) in total to the respondent and her minor children as well as an amount of Rs. 6,00/- (Rupees six hundred) per month towards the expenses of the proceedings.
3. The learned counsel for the petitioner has submitted that the present respondent, who is the wife of the petitioner, has instituted a divorce case seeking divorce from the present petitioner before the court of learned Additional District Judge No.2, Nagaon, which was registered as Matrimonial Suit (Divorce) No.44/
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.
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 determination of interim maintenance under Section 24 of the Hindu Marriage Act is based on the income of both parties, their capacity to pay, and the factual situation, including caregiving resp....
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....
A wife can claim maintenance under various statutes, but the total amount awarded must consider previous payments to avoid unjust enrichment and double liabilities.
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.
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