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IN THE HIGH COURT OF JUDICATURE AT ALLAHABAD
Hon'ble Arindam Sinha,J. and Hon'ble Satya Veer Singh,J.
Avdhesh Kumar – Appellant
Versus
Smt. Dhruvi Chandra – Respondent
JUDGMENT :
ARINDAM SINHA, J.
1. Mr. Dinesh Kumar Singh, learned advocate appears on behalf of appellant-husband. He submits, the appeal stands preferred against judgment dated 28th April, 2025 of the Family Court, directing maintenance pendente lite. The appeal was presented in time and also certified copy of formal order filed by supplementary affidavit on 21st July, 2025. Yet the appeal stands marked as defective.
2. He submits further, service has been made. Mr. Ganesh Shanker Patel, learned advocate holding the brief appears on behalf respondent. He hands up judgment dated 29th October, 2025 of the Family Court, rejecting appellant's petition under section 12 in Hindu Marriage Act, 1955. The certified copy is handed back.
3. By our order dated 6th November, 2025 we had recorded that office report of 4th November, 2025 said, the certified copy had been kept in the file. As such regular number be allotted. Mr. Singh hands up English translation of impugned judgment with copy to Mr. Patel.
4. On query submission at the Bar is, the learned advocates are ready to argue the appeal. Mr. Singh submits, salary slip of his client stands disclosed at page-60 of the appeal papers. Net salary cr
Maintenance pendente lite under the Hindu Marriage Act should not exceed 25% of net income; lack of documentary evidence leads to adverse presumption against the appellant's income claims.
Maintenance pendente lite under Section 24 of the HMA must fairly reflect the financial capacities of both spouses and ensure adequate support for dependents.
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.
The determination of maintenance pendente lite under Section 24 of HMA should consider the financial capacity and obligations of the parties, and the spouse seeking maintenance should make sincere ef....
Section 24 of the Hindu Marriage Act mandates maintenance for spouses lacking independent income, emphasizing financial support during matrimonial disputes.
The court emphasized that maintenance must reflect the dependent spouse's needs and the paying spouse's actual income, ensuring no destitution occurs post-separation.
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.
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