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ANOOP KUMAR DHAND
Shakti Katara – Appellant
Versus
Shailendra Sharma – Respondent
ORDER
1. By this appeal a challenge has been made to the order dated 17.02.2020 passed by the Court of learned Additional District Judge No.1, Hindaun City, Karauli (for short 'the learned Court below') by which the application filed by the appellant-wife under Section 24 of the Hindu Marriage Act, 1955 (for short 'the Act of 1955') has been disposed of by the learned Court below by observing that the wife is getting maintenance of Rs.6500/- per month in the proceedings under Section 125 Cr.P.C. So, there is no need to pass any further order for granting maintenance to her. However, a lump sum amount of Rs.4000/- has been awarded as expenses towards litigation.
2. Brief facts of this case are that the marriage of the appellant and respondent was solemnised on 17.06.2009. The respondent filed a divorce petition under Section 13 of the Act of 1955, against the appellant before the Court below on the grounds of cruelty and desertion. During the pendency of the divorce petition, the appellant filed an application under Section 24 of the Act of 1955 claiming maintenance pendente lite and expenses from the respondent pleading that the respondent is a Government Lecturer and is getting sala
Despite receiving maintenance under Section 125 Cr.P.C., a party may still be entitled to additional maintenance under Section 24 of the Act of 1955 based on their financial situation.
The court has the discretion to modify maintenance orders based on the circumstances, including expenses already borne by the party responsible for payment.
Section 24 of the Hindu Marriage Act mandates maintenance for spouses lacking independent income, emphasizing financial support during matrimonial disputes.
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 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....
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.
An able-bodied husband is obligated to maintain his wife and cannot deny maintenance based on financial constraints.
The husband has a legal and moral responsibility to provide maintenance to his wife and children, and the court must consider various factors, including the parties' status and income, in determining....
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