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SANGEET LODHA, RAMESHWAR VYAS
Rana Ram – Appellant
Versus
Payal – Respondent
JUDGMENT
Vyas, J. - This appeal has been filed by the appellant-husband against the order dated 27.03.2019 passed by Family Court No.1, Jodhpur in Civil Original Case No. 271/2018, whereby, the petition under Section 13 of the Hindu Marriage Act, 1955 ('afterwards referred as 'HM Act') filed by the appellant-husband has been dismissed on the ground of alleged non-compliance of the order passed under Sections 24 and 26 of the HM Act.
2. Brief facts of the case are that during the pendency of the petition under Section 13 of the HM Act filed by appellant-husband against respondent-wife, an order dated 16.10.2014 under Section 24 read with Section 26 of the HM Act was passed in favour of respondent-wife awarding Rs.5,000/- per month as interim maintenance, Rs.3,000/- as legal expenses and Rs.2,500/- as advocate fees. An application was preferred by respondent-wife for dismissal of petition under Section 13 of the HM Act on the ground that out of Rs. 2,25,000/- outstanding towards the interim maintenance, only Rs.2,000/- has been paid upto 18.08.2017. On the said application, the appellant-husband was directed to pay remaining arrears within a period of three months from the date of orde
Non-compliance with maintenance orders under the Hindu Marriage Act does not warrant automatic dismissal of divorce petitions.
For non-compliance of the direction by the appellant in the application under Section 24 of the HM Act, a petition seeking divorce cannot be dismissed. At best it can be adjourned sine die.
Adjustment of maintenance amounts is permissible to avoid inequity when the wife claims maintenance under different enactments.
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....
The duty of the Family Court to dispose of applications for maintenance and litigation expenses under Sec. 24 of the Hindu Marriage Act within the stipulated time period to provide monetary assistanc....
The court can make arrangements for maintenance and arrears without prejudice to the rights and contentions of the parties, and can direct the family court to expedite the adjudication of the main pe....
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 legal obligation of the husband to maintain his wife and the requirement of interim maintenance during court proceedings.
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