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ANOOP KUMAR DHAND
Sunil Yadav – Appellant
Versus
Poonam Yadav – Respondent
JUDGMENT
anoop Kumar Dhand, J. - The present appeal has been preferred by the appellant/non-applicant under Section 28 of the Hindu Marriage act, 1955 (for short 'the act of 1955') challenging the order dated 05.01.2022 passed by the Court of learned additional District Judge No.1, Behrod, District alwar (Raj.) [for short 'the Court below'] in case No. 47/2018, whereby application filed by the respondent-applicant under Section 24 of the act of 1955 has been allowed and the appellant is directed to pay Rs. 8,000/- per month as maintenance pendente lite to the respondent-applicant.
2. Skeleton facts of this case are that the appellant has filed a petition against the respondent seeking divorce under the provisions of Section 13 of the act of 1955. During the pendency of the petition, the respondent filed an application under Section 24 of the act of 1955 claiming a sum of Rs. 30,000/- and cost of litigation of Rs. 25,000/- as maintenance pendente lite from the appellant. The respondent averred in the said application that she has no source of income, whereas the appellant is employed as Inspector in Indo Tibetan Border, Police Force and drawing salary of Rs. 70,000/- per month.
3. The
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 ....
Section 24 of the Hindu Marriage Act mandates maintenance for spouses lacking independent income, emphasizing financial support during matrimonial disputes.
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.
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.
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....
Maintenance – A father having sufficient means not only has statutory but even moral and social obligation to maintain his minor children who are unable to maintain themselves.
The main legal point established in the judgment is the need to consider the income of the parties and the paying capacity of the non-applicant when deciding the quantum of interim maintenance under ....
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.
Section 24 of Hindu Marriage Act provides for grant of maintenance pendente lite in case either wife or husband, as case may be, has no independent income sufficient for her or his support.
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