Back
PUNJAB AND HARYANA HIGH COURT AT CHANDIGARH
NIDHI GUPTA
Manju Bala – Appellant
Versus
Raj Kumar – Respondent
JUDGMENT :
Nidhi Gupta, J. -
CM-11896-CII-2023
This is an application under Section 151 CPC for placing on record Annexures P11 and P12.
After going through the contents of the application, which is supported by affidavit of the applicant/petitioner, the same is allowed subject to all just exceptions and Annexures P11 and P12 are taken on record.
MAIN CASE
Present petition under Article 227 of the Constitution of India is filed seeking setting aside of order dated 10.08.2022 passed by the learned Additional Principal Judge, Family Court, Hisar vide which application filed by the petitioner/wife under Section 24 of the Hindu Marriage Act for grant of maintenance pendente lite has been ordered to be dismissed.
2. The petitioner appearing in person inter alia submits that the application of the petitioner under Section 24 of the Hindu Marriage Act for grant of maintenance pendente lite was dismissed by the learned Family Court primarily on two grounds: a) that the petitioner had been held not entitled to maintenance under Section 125 Cr.P.C. by the learned Family Court; and b) that the petitioner was receiving pension of Rs.2,500/- per month from the Haryana Government.
3. The petitioner appe
An able-bodied husband is obligated to maintain his wife and cannot deny maintenance based on financial constraints.
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 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 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....
A wife can claim maintenance despite earning, and an unmarried daughter is entitled to maintenance until marriage, irrespective of majority status.
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....
Section 24 of the Hindu Marriage Act, 1955 aims to provide financial assistance to a party in a matrimonial dispute who lacks independent income, considering the inability to maintain themselves and ....
Family Courts are passing orders under Section 25 of Hindu Marriage Act while finally deciding matrimonial disputes more or less in mechanical manner without making proper inquiry - This does not ser....
Section 24 of the Hindu Marriage Act, 1955 aims to provide financial assistance to the party with no independent income during the pendency of matrimonial disputes.
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
