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IN THE HIGH COURT OF ALLAHABAD
Arindam Sinha, Avnish Saxena
Savita Devi @ Pinki Gautam @ Shivangi Shishodiya – Appellant
Versus
Jitendra Gautam – Respondent
| Table of Content |
|---|
| 1. the appeal concerns maintenance pendente lite under hindu marriage act. (Para 1 , 5) |
| 2. court's analysis on concealment and need for maintenance. (Para 2 , 6 , 8) |
| 3. arguments regarding the relationship and maintenance claims. (Para 3 , 4) |
| 4. court's order for maintenance and appeal conclusion. (Para 9 , 11) |
JUDGMENT :
Arindam Sinha, J.
1. The appeal has been preferred by the wife against judgment dated 3rd May, 2025 of the Family Court dismissing her application under section 24 of Hindu Marriage Act, 1955, for maintenance pendente lite and expenses of proceedings. Respondent-husband had filed petition in the Family Court to declare the marriage void on ground that it contravened clause (i) in section 5. It is during pendency of the husband's petition that appellant had filed for maintenance.
2. The Family Court upon hearing the parties and going through the documents on record found appellant to have been guilty of concealment regarding previous marriage, to cause doubt, due to which it was not appropriate to give maintenance amount under section 24. The learned Judge said that appellant's previous marriage ended only on 15th April, 2024.
3. Mr. Arun Kumar Tripathi, le
Maintenance pendente lite is a right for a spouse lacking sufficient income, independent of allegations regarding previous marriages.
Suit by husband seeking invalidation of marriage – Wife is entitled maintenance pendente lite and expenses of proceedings.
The court emphasized that interim maintenance must be reasonable and based on the financial needs of the petitioner, regardless of the ultimate outcome of the divorce proceedings.
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.
Section 24 of the Hindu Marriage Act mandates maintenance for spouses lacking independent income, emphasizing financial support during matrimonial disputes.
Courts must assess maintenance amounts based on the true financial status of the parties, ensuring that the awarded maintenance is reasonable and reflects the family's needs.
Maintenance pendente lite under Section 24 of the HMA must fairly reflect the financial capacities of both spouses and ensure adequate support for dependents.
Point of law : Defence can be struck off for non compliance of an order for payment of pendente lite maintenance only as a last resort and if the default is found to be deliberate and wilful
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 ....
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