Back
ANANDA SEN
Debajyoti Sarangi – Appellant
Versus
Sutapa Sarangi – Respondent
ORDER :
1. By filing this petition, the petitioner has challenged the order dated 24.3.2021 passed by the learned Principal Judge, Family Court, Bokaro, whereby, the learned Principal Judge, in Civil Misc. Case No. 08/2019, arising out of TMS Case No. 182 of 2011, directed the petitioner to pay the arrears of Rs.11,40,000/-to his wife in terms of order passed under Section 24 of the Hindu Marriage Act, in TMS No. 182/2011.
2. Heard the counsel for the parties and I have gone through the record.
3. Counsel for the petitioner submits that TMS Case No. 182 of 2011 was filed by the petitioner husband under Section 13(1)(ia) of the Hindu Marriage Act for dissolution of their marriage. In the said suit an interlocutory application under Section 24 of the Hindu Marriage Act was filed by the wife praying therein for pendente lite maintenance. The trial court on 7.2.2012 passed an order granting Rs.20,000/-per month pendente lite maintenance to the wife. The petitioner-husband withdrew the suit. In the meantime, the wife filed an application under Section 125 of the Cr.P.C which was allowed with a direction to make payment of Rs.20,000/-per month to the wife and Rs.10,000/-per month to the
Adjustment of maintenance amounts is permissible to avoid inequity when the wife claims maintenance under different enactments.
A wife can claim maintenance under various statutes, but the total amount awarded must consider previous payments to avoid unjust enrichment and double liabilities.
Non-compliance with maintenance orders under the Hindu Marriage Act does not warrant automatic dismissal of divorce petitions.
For non-compliance of the direction by the appellant in the application under Section 24 of the HM Act, a petition seeking divorce cannot be dismissed. At best it can be adjourned sine die.
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....
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.
The court reaffirmed that a wife can seek maintenance under different statutes post-divorce, with the requirement to disclose previous maintenance orders for equitable adjustments.
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.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
