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IN THE HIGH COURT OF ALLAHABAD
Devendra kumar Arora, R.N.Mishra,II JJ.
Rajendra Prasad - Appellant
Versus
Smt. Meena and another - Opposite parties
First Appeal Defective No. 60 of 2017
Decided On : 01-05-2017
Maintenance - Family Court Act - Section 24 of the Hindu Marriage Act - [Section 24] - The court discussed the provisions of Section 24 of the Hindu Marriage Act, which allows for maintenance pendente lite and expenses during matrimonial proceedings. It highlighted the temporary nature of the benefits granted under this section and the distinction between Section 24 benefits and permanent maintenance relief under Section 125 of the CrPC. The court emphasized that the right to claim maintenance or litigation expenses under Section 24 is limited to parties involved in matrimonial proceedings under the Act and serves the purpose of enabling the weaker party to establish rights without being hindered by lack of financial support. The judgment also clarified that a pre-existing order for payment of maintenance under Section 125 of the CrPC does not bar maintaining an application under Section 24 of the Hindu Marriage Act, as both reliefs are independent of each other.
Fact of the Case:
The appeal was filed against an order granting partial maintenance to the wife under Section 24 of the Hindu Marriage Act. The appellant contested the maintenance claim citing a pending application under Section 125 of the CrPC and his own financial situation.
Finding of the Court:
The court upheld the order granting maintenance under Section 24 of the Hindu Marriage Act, emphasizing the temporary nature of the benefits and the specific purpose of enabling the weaker party to establish rights during the pendency of matrimonial proceedings.
Issues: The primary issue was whether the maintenance under Section 24 of the Hindu Marriage Act could be granted despite a pending application under Section 125 of the CrPC and the financial situation of the parties.
Ratio Decidendi: The court clarified that the right to claim maintenance or litigation expenses under Section 24 is limited to parties involved in matrimonial proceedings under the Act and serves the purpose of enabling the weaker party to establish rights without being hindered by lack of financial support. It also emphasized the distinction between Section 24 benefits and permanent maintenance relief under Section 125 of the CrPC.
Final Decision: The impugned order granting maintenance under Section 24 of the Hindu Marriage Act was approved, and the appeal was dismissed. The court also clarified that the amount awarded under Section 125 of the CrPC would be adjustable towards the amount awarded under Section 24 of the Hindu Marriage Act.
Certainly. Based on the provided legal document, here are the key points summarized:
The judgment clarifies that maintenance under Section 24 of the Hindu Marriage Act is temporary and intended to support the weaker spouse during ongoing matrimonial proceedings. It is distinct from permanent maintenance under other laws, such as Section 125 of the CrPC (!) (!) .
The right to claim maintenance under Section 24 arises only during the pendency of matrimonial proceedings initiated under the Hindu Marriage Act. It is not barred by a pre-existing maintenance order under Section 125 of the CrPC, as both reliefs are independent and serve different purposes (!) (!) .
The purpose of Section 24 is to prevent undue hardship to the weaker spouse and ensure they can participate effectively in matrimonial litigation. It provides for interim support, which ceases once the proceedings conclude (!) (!) .
The court emphasized that the benefits under Section 24 are limited in scope, serving only the duration of the ongoing proceedings, and are meant to facilitate the establishment of rights without permanent financial obligation (!) .
The court upheld the order granting maintenance to the wife during the pendency of the case, considering her financial needs and the appellant's income, and dismissed the appeal challenging this order (!) (!) .
The appellant's argument that ongoing proceedings under Section 125 of the CrPC should prevent granting maintenance under Section 24 was rejected, reaffirming that both remedies can coexist independently (!) (!) .
The court clarified that the amount awarded under Section 125 of the CrPC would be adjustable against the maintenance awarded under Section 24, but the latter is not contingent upon the former (!) .
Overall, the judgment underscores that maintenance under Section 24 is a temporary, supportive measure meant to ensure fairness during matrimonial disputes and does not preclude other maintenance claims or reliefs (!) (!) (!) .
Please let me know if you need a more detailed analysis or assistance with any specific legal questions related to this case.
Heard.
As sufficient cause has been shown, the delay in filing the appeal is condoned.
2. The instant First Appeal under Section 19(1) of the Family Court Act has been filed against the order dated 2.2.2017 passed by Judge, Family Court/Addl. District Judge (FTC) in Case No. 760 of 2011 whereby the application preferred by Smt. Meena under Section 24 of the Hindu Marriage Act has been allowed partially and the appellant has been directed to pay Rs. 2000/- per month towards maintenance to Smt. Meena {wife} during pendency of the case. In the said suit, respondent no.1 filed an application under Section 24 of the Hindu Marriage Act which was contested by the appellant by filing objections.
3. The Court below after hearing the parties and considering the fact that during the pendency of the aforesaid case it would be appropriate that as the first respondent is not having any source of income and needs financial help so as to enable herself to maintain herself and the child. The Court below considering the fact that the appellant is running a General store shop and also has an agricultural land and is earning around Rs. 20000/- per month directed that the appellant shall pay Rs. 2000/- per month to his wife so as to enable her to meet the necessary expenses.
4. According to the learned Counsel for the appellant, the first respondent has already filed an application under Section 125 CrPC for maintenance in which an order dated 31.10.2011 was passed granting interim maintenance of Rs. 800/- to her son, namely, Akash and the said application under Section 125 CrPC is still pending and as such there was no occasion of granting the maintenance. Further, the court below failed to consider the income of the appellant, who is a petty labour and has no other source of livelihood.
5. Section 24 of the Hindu Marriage Act, which is relevant in the present context, reads as under:-
"24. Maintenance Pendente lite and expenses proceedings: Where in any proceeding under this Act it appears to the court that either the wife or the husband, as the case may be, has no independent income sufficient for her or his support and the necessary expenses of the proceeding, it may, on the application of the wife or the husband, order the respondent to pay to the petitioner the expenses of the proceeding, and monthly during the proceeding such sum as, having regard to the petitioner' s own income and the income of the respondent, it may seem to the court to be reasonable."
6. A plain reading of the Act shows that intention of the legislature is that where in any proceedings it appears to the court that either the wife or the husband, as the case may be, has no independent income sufficient for her or his support and the necessary expenses of the proceeding, it may, order the respondent to pay the expenses of the proceedings and monthly maintenance during the proceeding. These words make the intention of the legislature quite clear that expenses have to be allowed by the Court if the requirement as provided under Section 24 of Act are fulfilled for a period during the pendency of the suit or proceeding. It may be noted that the benefits granted under this Section are only temporary in nature and there are other provisions of law where a wife, who is not able to maintain herself, can claim maintenance/permanent alimony from the husband e.g. Section 25 of HMA or under provisions of Hindu Adoption and Maintenance Act.
7. Section 24 talks about interim relief which can be granted during the pendency of proceedings in Hindu Marriage Act. Once the case is over, Section 24 benefits will automatically stop. It is available only for Hindus. Section 125 CrPC is a permanent maintenance relief. Even though this section is provided in criminal procedure code, it has got civil nature but the proceedings are conducted similar to criminal case, i.e., a little bit quicker. The relief once provided in Section 125 is valid till the wife remarries. It is applicable to all reli
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