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IN THE HIGH COURT OF ALLAHABAD
Manish Kumar Nigam
Ankit Suman – Appellant
Versus
State of U.P. – Respondent
| Table of Content |
|---|
| 1. petitioner filed to set aside family court order. (Para 1 , 2) |
| 2. petitioner's argument regarding maintenance during stay. (Para 3 , 4) |
| 3. exposition on section 24 of hindu marriage act. (Para 5 , 6 , 7) |
| 4. clarification on the scope of maintenance under section 24. (Para 8 , 9 , 10 , 11) |
| 5. judicial interpretation of proceedings under section 24. (Para 12 , 13 , 14 , 15) |
| 6. section 24 application maintainable amid other proceedings. (Para 16 , 17) |
| 7. key cases supporting ongoing maintenance claims. (Para 18) |
| 8. continuance of payment liability under supreme court order. (Para 19) |
| 9. maintenance obligations persist during transfer proceedings. (Para 20 , 21 , 22) |
| 10. final dismissal of the petition. (Para 23) |
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
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.
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