The grant of a divorce decree by a foreign court does not automatically bar a spouse from seeking interim maintenance under Section 24 of the Hindu Marriage Act in India. The maintainability of the foreign divorce decree in Indian courts is a matter to be adjudicated at the time of final disposal of the matrimonial proceedings.

Headnote:
MAINTENANCE - HINDU MARRIAGE ACT, 1955 - SECTION 24 - INTERIM MAINTENANCE - DIVORCE GRANTED BY FOREIGN COURT - EFFECT ON MAINTENANCE PROCEEDINGS IN INDIA - REMAND TO TRIAL COURT FOR FRESH CONSIDERATION
Fact of the Case:

Wife filed a petition under Section 9 of the Hindu Marriage Act for restitution of conjugal rights. Husband filed a counter seeking maintenance under Section 24 of the Hindu Marriage Act. Trial court awarded interim maintenance of Rs. 10,000 per month to the wife. Husband challenged the order, claiming that a divorce decree had been granted by a court in the USA and that the wife was not entitled to maintenance. Wife disputed the maintainability of the foreign divorce decree in Indian courts.
Finding of the Court:

The court noted that the husband had admitted to obtaining a divorce decree in the USA. However, the court held that the maintainability of the foreign divorce decree in Indian courts was a matter to be adjudicated at the time of final disposal of the wife's petition for restitution of conjugal rights.
Issues: Whether the grant of a divorce decree by a foreign court affects the wife's right to interim maintenance under Section 24 of the Hindu Marriage Act.
Ratio Decidendi: The court held that it was appropriate to set aside the trial court's order awarding interim maintenance and remand the matter for fresh consideration after taking into account the subsequent development of the divorce between the parties.
Final Decision: The court set aside the trial court's order awarding interim maintenance and remanded the matter for fresh consideration after taking into account the subsequent development of the divorce between the parties.

[ 3260 ]

IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD WEDNESDAY, THE FOURTH DAY OF JANUARY TWO THOUSAND AND TWENTY THREE PRESENT THE HONOURABLE SRI JUSTICE A.SANTHOSH REDDY CIVIL REVISION PETITION Nos: 600 & 2594 OF 2017 Petition under Article 227 of the Constitution of lndia, aggrieved by the order dated: 01110/2016 passed in lA.No.31/2015 in FCOP.No.12312015 on the file of Family Court Judge, at Warangal CIVIL REVISION PETITION NO: 600 OF 2017 Between:

Smt. Ravikanti Ramya, W/o. Ghanto.ii Shivaraj @ Tony, Aged 33 years, Occ: Household, No. 7675, Phoenix Drive, APT405, Houston 77030, Texas, USA, Rep: by her natural father/GPA Holder Ravikanti Jagrnohan ...PETITIONER AND Shivaraj Ghantoji @ Tony S/o Sharanabanu, Aged 35 years, Occ:SWE, Rl/o H.No.8-499, near Moon Light Electrical, Fort Road, Gulbarga, Kamataka State, Presently residing at 7900, Cambridge Street, APT 8-1C, Houston

77054, Texas, USA.

...RESPONDENT l.A. NO: 1 OF 2017(CRPMP. NO: 767 OF 2017)

Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to direct the respondent to pay a sum of Rs.50,0001 per month [medical, legal and regular expenditurel pending disposal of the CRP.

Counsel for the Petitioner : SRl. K V BHANU PRASAD Counsel for the Respondent : SRl. M LAXMINARASIMHAM CIVIL REVISION PEIITION NO: 2594 OF 2017 Petition under Article 227 o't lhe Constitution of lndia, aggrieved by the order dated: 01 11012016 passed in lA.No.31/201 5 in FCOP.No.1 231201 5 on the file of Family Court Judge, at Warangal Between:

Shivaraj Ghantoji @ Tony, S/o. Sharanabanu Aged 35 years, Occ. SWE, R:io. H.No.8-499, Near Moon Light Electrical, Fort Road, Gulbarga, Karnataka State, Presently Residing at 7900 Cambridge Street, APT B-1C, Houston (77054) Texas, U.S.A., Rep, by his GPA Holder Dr. Nagalingam Pampati, S/o. Late Nagabhushanam Aged 62 years, Occ. Doctor, Presently residing at# 14-

27,Yikram Clinic, lndira Marg, Huzurabad, Karimnagar, Telangana ...PETITIONER AND Smt. Ravikanti Ramya, W/o. Ghantoji Shivaraj @ Tony, Aged about 33 years, Occ. Household, R/o. 7675, Phoenix Drive, APT405, Houston 77030, Texas, U.S.A., Rep. by her GPA Holder/Natural Father Mr. Ravikanti Jagmohan, S/o. Late Sri Ramanaiah, Aged about 56 years, Occ. Business, Rl/o. H.No.6-2-101, S2, Deepak Towers, Kakaji Colony, Hanamkonda, Warangal City.

...RESPONDENT CRPMP. NO: 3409 OF 2017:

Petition under Section 15'1 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to suspend the operation of the order and decree dt. 01.10.2016 passed in l.A.No. 31 of 2016 in FCOP.No. 123 of 2015 on the file of the Family Court Judge at Warangal.

Counsel for the Petitioner : SRl. M LAXMINARASIMHAM Counsel for the Respondent : SRl. K V BHANU PRASAD The court made the following : COMMON ORDER f.

.fHI.]

HONOT-iRABLE SRI JUSTICE A.SANTI{OSH ITEDDY C.R.P.Nos.600 & 2594 OF 2017 COMMON ORDER:

Wife filed C.R.P.No.600 ol 201 7 and husband filed C.R.P.No.2594 of 2017 under Article 227 of the Constitution of India are directed against the order dated 01.10.2016 in LA.No.3 I ol 2015 in F.C.O.P.No.I23 of 2015, on the fite of the leamed Judge, Family Court-cum-lll Additional District and Sessions Judgc, Warangal, u,herein the said application filed by the wife, through her natural lathcr and CPA holder, lor grant of interim maintenance against her husband, was allowed-in-part directing the husband to pay a sum of Rs.10,000/- per month to the wife towards interim rnaintenance from thc date of petition, besides directing to pay a surn Rs.5,000/- towards litigation expenses.

Heard leamed counsel lor the parties in both the revisions.

Perused the record.

The wife filed F.C.O.P.No. 123 of 2015 against her husband

under Section 9 of the Hindu Man'iage Act for restitution of conjugal rights. 'l-he husband Iiled counter in the said I-COP.

While so, thc application in I.A.No.3l ol

Click Here to Read the rest of this document