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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
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 arose between them, whereupon the Respondent filed an application for divorce on 29.11.2024, being Case No.275/2024 before the Learned Family Court, Merta (“Trial Court”) under Sections 13 (1)(ia) and 13(1)(ib) of the Hindu Marriage Act, 1955 (“the Act of 1955”), based on false and misrepresented facts. The Petitioner filed her
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....
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 ruled that maintenance under the Hindu Marriage Act should be awarded from the date of filing the application to prevent financial hardship for dependents during proceedings.
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