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ASHOK KUMAR GAUR, ASHUTOSH KUMAR
Sunita Chaudhary – Appellant
Versus
Manoj Kumar – Respondent
JUDGMENT :
Ashok Kumar Gaur, J. - The present order will dispose of D.B. Civil Misc. Application No.01/2022 dated 04.05.2022, filed under section 24 of the HINDU MARRIAGE ACT , 1955 (hereafter 'the Act of 1955') for granting maintenance pendente lite to the applicant/appellant(wife).
2. Learned counsel for the applicant Mr.M.S. Saharan has submitted that the present D.B. Civil Misc. Appeal No.5316/2018 has been filed by the applicant-wife challenging the judgment and decree dated 08.10.2018 passed by the Family Court No.1, Jaipur, whereby the Family Court has accepted the application filed by the respondent-Husband under Section 13(ia) and 13(ib) of the Act of 1955 and decree of divorce has been passed in favour of the respondent-husband, dissolving the marriage solemnized between the applicant-wife and respondent-husband dated 01.12.1999.
3. Learned counsel for the applicant-wife submitted that the respondent-husband is an Army Officer and he was paying monthly maintenance allowance to the applicant and on account of seeking voluntary retirement from service of Army, the respondent has not paid the maintenance during pendency of the present appeal.
4. Learned counsel for the applican
The main legal point established in the judgment is the obligation of the husband to maintain his wife, considering his financial capacity and the wife's need for support, as provided under the Hindu....
The wife is entitled to an enhancement of maintenance based on the husband's income and the wife's financial situation. The court emphasizes the need for timely disposal of maintenance applications a....
The court emphasized that maintenance must reflect the dependent spouse's needs and the paying spouse's actual income, ensuring no destitution occurs post-separation.
Interim maintenance – Sustenance of a woman does not and cannot mean mere survival – A woman, who is constrained to leave matrimonial house should not be allowed to feel that she has fallen from grac....
The main legal point established in the judgment is the criteria for determining the quantum of maintenance, including the factors to be considered and the need for a reasonable and realistic mainten....
The obligation of the husband to maintain his wife, the consideration of minimum wage for determining the respondent's income, and the wife's capability of earning not disentitling her from maintenan....
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