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IN THE HIGH COURT OF ALLAHABAD
Manish Kumar Nigam
Ankit Suman – Appellant
Versus
State of U.P. – Respondent
JUDGMENT :
Manish Kumar Nigam,J.
1. This petition has been filed to set aside the order dated 06.05.2025 passed by Additional Principal Judge Family Court, Pilibhit in Execution Case No. 9 of 2022 (Smt. Neeraj Saini Vs. Ankit Suman).
2. Brief facts of the case are that the husband-petitioner filed a petition on 20.07.2018 seeking divorce from his wife-respondent No. 2 before the Judge, Family Court under Section 13 of the HINDU MARRIAGE ACT , 1955. The aforesaid case was numbered as Case No. 286 of 2018. The respondent-wife appeared and filed written statement denying the allegations made by the petitioner. During pendency of this petition, an application under Section 24 of the HINDU MARRIAGE ACT , 1955 was filed by respondent No. 2 on 26.03.2019 to which the petitioner filed objections on 01.10.2019. The said application under Section 24 of the HINDU MARRIAGE ACT was decided by the order dated 30.10.2020 dismissing the application filed by the wife-respondent No.2. The order dated 30.10.2020 was challenged by the wife-respondent No. 2 by filing First Appeal No. 722 of 2021 before this Court. The judgment and order dated 30.10.2020 passed by Additional Principal Judge, Family Cou
Maintenance under Section 24 of the Hindu Marriage Act continues during stayed proceedings, ensuring financial support for legal actions, thus the liability for payment is unaffected.
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 duty of the Family Court to dispose of applications for maintenance and litigation expenses under Sec. 24 of the Hindu Marriage Act within the stipulated time period to provide monetary assistanc....
A wife can claim maintenance under various statutes, but the total amount awarded must consider previous payments to avoid unjust enrichment and double liabilities.
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 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.
Under Section 24 of the Hindu Marriage Act, the court must have regard to the income of the parties before making an order for maintenance pendente lite.
Permanent alimony can be awarded even if the main suit lacks a decree, as courts have jurisdiction to grant maintenance based on counterclaims in spousal disputes.
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