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RAJASTHAN HIGH COURT
Vijay Bishnoi, Sudesh Bansal, JJ.
Paras - Appellant
Versus
Narayanlal - Respondent
Civil Miscellaneous Appeal No. 785 of 2021
Decided On : 18-10-2021
MAINTENANCE - HINDU MARRIAGE ACT - The court addressed the application under Section 24 of the Hindu Marriage Act, 1955, which allows for interim maintenance during divorce proceedings. The court emphasized the importance of providing financial support to the spouse in need, leading to the decision that the respondent must pay monthly maintenance and litigation costs as agreed upon by both parties.
Fact of the Case:
The appellant, Smt. Paras, filed a civil misc. appeal against the Family Court's order regarding litigation costs under the Hindu Marriage Act. The Family Court had ordered the respondent to pay Rs.3,000/- for litigation costs per hearing.
Finding of the Court:
The court found that both parties agreed on a new arrangement for maintenance and litigation costs, which was more favorable to the appellant than the original order.
Issues: Whether the respondent should be ordered to pay maintenance and litigation costs as per the agreement reached by both parties during the appeal.
Ratio Decidendi: The court upheld the principle that interim maintenance should be granted to ensure the financial stability of the spouse in need during ongoing divorce proceedings, as per Section 24 of the Hindu Marriage Act.
Result: The appeal was disposed of with a directive for the respondent to pay Rs.5,000/- monthly maintenance and Rs.1,000/- litigation cost per hearing from the date of the application, with arrears to be settled within 8 weeks.
JUDGMENT
Sudesh Bansal, J. - This civil misc. appeal has been preferred on behalf of the appellant Smt. Paras being aggrieved with the order dated 06.08.2021 passed by the Family Court, Rajsamand in an application under Section 24 of the Hindu Marriage Act, 1955. The family Court, Rajsamand has directed the respondent to pay Rs.3,000/- to the appellant as cost of litigation for each hearing.
2. After arguing the matter for quite some time on merits, learned counsel for the parties agree that till pendency of the proceedings before the Family Court, Rajsamand, the respondent will pay an amount of Rs.5,000/- per month as maintenance and Rs.1,000/- as litigation cost per hearing to the appellant from the date of filing of application i.e. 12.03.2020.
3. In view of the above agreement between the parties, this civil misc. appeal is disposed of with direction to the respondent to pay Rs.5,000/- monthly maintenance along with Rs.1,000/-litigation cost for per hearing to the appellant from the date of filing of application i.e. 12.3.2020. The arrears of monthly maintenance amount be paid by the respondent to the appellant within a period of 8 weeks from today.
4. The stay petition also stands disposed of.
The court established that interim maintenance under the Hindu Marriage Act is essential for the financial support of a spouse during divorce proceedings, and agreements between parties can influence....
The court has the discretion to condone the delay in filing an appeal based on the reasons presented and can issue directions for the determination and payment of maintenance arrears.
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 has the discretion to modify maintenance orders based on the circumstances, including expenses already borne by the party responsible for payment.
Maintenance in divorce cases aims to prevent destitution of a non-earning spouse and minor child, emphasizing the need for dignity and financial support during prolonged matrimonial disputes.
Litigation costs under Section 24 of the Hindu Marriage Act are essential for ensuring access to justice for economically disadvantaged spouses, and should be prioritized in matrimonial proceedings.
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.
Section 25 of the Hindu Marriage Act, 1955 allows for the alteration of maintenance orders based on the circumstances of the parties involved.
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.
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