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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
NUPUR BHATI
Kamli, W/o. Rakesh – Appellant
Versus
Rakesh Gurjar, S/o. Ram Lal Gurjar – Respondent
| Table of Content |
|---|
| 1. legislative intent of interim provisions. (Para 1) |
| 2. background of marriage and divorce applications. (Para 2) |
| 3. petitioner's arguments for maintenance. (Para 3) |
| 4. respondent's counterarguments regarding proceeding types. (Para 4) |
| 5. court's observations on the interlinking of sections. (Para 7 , 9 , 10 , 11 , 12) |
ORDER :
NUPUR BHATI, J.
1. This writ petition has been filed by the petitioner seeking following reliefs:
“a) Direct that the impugned order dated 04.09.2025 (Annex.6) be quashed and set aside,
b) Direct that the proceedings in Case No. 275/2024 filed. by the Respondent under Section 13 (1)(ia)(ib) of the Hindu Marriage Act, 1955 before the Learned Family Court, Merta be decided only after deciding the Case No. 17/2025 filed by the Petitioner under Section 24 of the Hindu Marriage Act, 1955 pending before the Learned Family Court, Merta,
c) Grant such further relief(s) which in the facts and circumstances of this case may do complete justice to the petitioner; and
d) Costs of the writ petition be awarded to the petitioner.”
2. Brief facts of the case are that the petitioner and the Respondent were married as per Hindu rites and customs. Subsequently, disputes
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....
Maintenance under Section 24 of the Hindu Marriage Act continues during stayed proceedings, ensuring financial support for legal actions, thus the liability for payment is unaffected.
The Court upheld the principle that maintenance pendente lite may be granted based on a comparative assessment of both parties' incomes under Section 24 of the Hindu Marriage Act.
The court established that interim maintenance under Section 24 of the Hindu Marriage Act is essential for ensuring the sustenance of a spouse without independent income during divorce proceedings, a....
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