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IN THE HIGH COURT OF ORISSA AT CUTTACK
G.Satapathy
Mohanish Pratap Singh Chauhan – Appellant
Versus
Mitasha Singh – Respondent
JUDGMENT:
G. Satapathy, J.
1. The petitioner-husband by invoking the extra ordinary jurisdiction of this Court under Articles 226 & 227 of the Constitution of India has prayed to quash the order dated 07.11.2024 passed by the learned Judge Family Court, Bhubaneswar in IA No.74 of 2023 arising out of CP No. 289 of 2022 directing the petitioner-husband to pay a sum of Rs.75,000/- per month to the OP-wife in an application U/S. 36 of Special Marriage Act, 1954 (in short, “ the Act”).
2. The facts in precise are that the petitioner and the OP are admittedly the wife and husband, but due to dissension, the OP-wife has filed a petition before the learned Judge Family Court, Bhubaneswar in CP No. 289 of 2022 for a decree of divorce by dissolving their marriage which was solemnized on 23.12.2015 as per Hindu Rites followed by marriage on 24.12.2015 as per Sikh rites between them. Additionally, the OP-wife has claimed permanent alimony of Rs.2 crores from the petitioner-husband. In such Civil Proceeding, the OP-wife has filed an application U/s. 36 of the Act in IA No. 74 of 2023 for maintenance pendente lite and the learned Judge Family Court, Bhubaneswar by an order passed on 06.12.2023 had
Maintenance must be reasonable and commensurate with the standard of living, considering both parties' financial status.
The main legal point established in the judgment is the application of Section 24 of the Hindu Marriage Act and the principle that maintenance should not be less than 25% of the husband's monthly sal....
Interim maintenance—There should be grant of interim maintenance not only to see equal standard of maintenance of life by both wife and husband but also to ensure wife maintains a minimum standard of....
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 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....
Maintenance pendente lite under Section 24 of the HMA must fairly reflect the financial capacities of both spouses and ensure adequate support for dependents.
The central legal point established in the judgment is the obligation of the husband to provide financial support to the wife and children, considering their status and the mode of life they were use....
Interim maintenance – For the purposes of grant of interim maintenance, petitioner-wife cannot be presumed to be earning or being capable of maintaining herself.
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