SANGEET LODHA, MAHENDAR KUMAR GOYAL
Brij Mohan – Appellant
Versus
Nahani @ Neha – Respondent
ORDER
1. This appeal is filed by the appellant assailing the legality of the order dated 3.2.21 passed by the Family Court No.l, Bharatpur in Civil Case No.2/20, whereby while allowing an application preferred by the respondent under Section 24 of the Hindu Marriage Act, 1955 (for short "the Act of 1955"), the appellant is directed to pay maintenance pendente lite a sum of Rs.2500/- per month to the respondent-Smt. Nahani @ Neha upto 10th Day of every month. That apart, the appellant is directed to pay a sum Rs.300/- towards litigation expenses to the respondent on each date of hearing.
2. The appellant filed a petition against the respondent for restitution of conjugal rights under Section 9 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 maintenance pendente lite from the appellant a sum of Rs.10,000/- per month; Rs.11,000/- in lump sum towards the litigation expenses and advocate's fees and Rs.1500/- towards litigation expenses on each date of hearing. The respondent averred in the application that she has no source of income whereas, the appellant is doing wooden work and earning Rs. 45,000/
Section 24 of the Hindu Marriage Act mandates maintenance for spouses lacking independent income, emphasizing financial support during matrimonial disputes.
(1) While considering application for award of interim maintenance, relevant consideration is inability of spouse to maintain himself or herself for want of independent income or inadequacy of income....
Section 24 of the Hindu Marriage Act, 1955 aims to provide financial assistance to the party with no independent income during the pendency of 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 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.
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 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.
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 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 ....
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....
Login now and unlock free premium legal research
Login to SupremeToday AI and access free legal analysis, AI highlights, and smart tools.
Login
now!
India’s Legal research and Law Firm App, Download now!
Copyright © 2023 Vikas Info Solution Pvt Ltd. All Rights Reserved.