AI Overview...
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Husband Not Entitled for Maintenance under Sec 24 of Hindu Marriage Act
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Main Points and Insights:
- No Limitation on Maintenance Claims: Section 24 of the Hindu Marriage Act, 1955, allows either spouse to claim maintenance during the pendency of proceedings, without specific time limitations Upendra Chandra Patnaik VS Soubhagini Mohanty - Orissa.
- Eligibility Criteria: Maintenance is granted to the spouse who is unable to support themselves; a person who voluntarily incapacitates themselves from earning may not be entitled Govind Singh VS Vidya - Rajasthan.
- Interim Maintenance and Litigation Expenses: Wives can seek interim maintenance and litigation expenses under Sec. 24, especially when their claim is supported by the court’s assessment of their financial need Bipasha VS Amitava Basu - Orissa, SANGITABEN RASIKLAL JAISWAL VS SANJAYKUMAR RATILAL JAISWAL - Gujarat, Neeta Khurana VS Sunder Lal Khurana - Punjab and Haryana, Hardeep Singh VS Paramjit Kaur - Punjab and Haryana.
- Impact of Null and Void Marriages: If a marriage is declared null and void, the entitlement to maintenance under Sec 24 may be contested; the court examines the circumstances of the marriage and the parties’ conduct Bipasha VS Amitava Basu - Orissa.
- Maintenance for Minor Children: Sec 24 can also encompass maintenance for minor children, with courts clarifying that Sec 26 pertains to the child's maintenance CHAITANYAKUMAR HARIKRISHANBHAI BHATT VS NALINIBEN C. BHATT - Gujarat.
- Legal Proceedings and Maintenance: Courts have held that maintenance claims are maintainable during divorce proceedings, and the spouse must be informed of their rights, with legal aid available if necessary KALIBEN KALABHAI DESAI VS ALABHAI KARAMSHIBHAI DESAI - Gujarat.
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Ex Parte Decrees and Maintenance: Even in cases of ex parte decrees, applications for maintenance are considered maintainable unless the decree is set aside DIPTI GHOSH VS SWAPAN KUMAR GHOSH - Calcutta.
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Analysis and Conclusion:
- Under Sec 24 of the Hindu Marriage Act, maintenance is primarily intended to support the spouse who is unable to maintain themselves during ongoing legal proceedings. The husband's entitlement to maintenance is generally limited, especially if he is capable of earning or has voluntarily incapacitated himself from earning. The law favors providing financial support to the wife or dependent spouse during litigation, but the husband's claim for maintenance is generally not favored unless specific conditions are met. Ultimately, the entitlement depends on the financial capacity of both parties and the circumstances of the marriage and proceedings.
References: - Upendra Chandra Patnaik VS Soubhagini Mohanty - Orissa - Bipasha VS Amitava Basu - Orissa - Govind Singh VS Vidya - Rajasthan - SANGITABEN RASIKLAL JAISWAL VS SANJAYKUMAR RATILAL JAISWAL - Gujarat - Neeta Khurana VS Sunder Lal Khurana - Punjab and Haryana - Hardeep Singh VS Paramjit Kaur - Punjab and Haryana - CHAITANYAKUMAR HARIKRISHANBHAI BHATT VS NALINIBEN C. BHATT - Gujarat - JAGDISH VS HARI SINGH - Delhi - KALIBEN KALABHAI DESAI VS ALABHAI KARAMSHIBHAI DESAI - Gujarat - DIPTI GHOSH VS SWAPAN KUMAR GHOSH - Calcutta
Search Results for "Husband Not Entitled for Maintenance under Sec 24 of Hindu Marriage Act"
2008 0 Supreme(Ori) 505 • India - Orissa
A.S.NAIDU
- No more open to husband to contend that the wife had left his house of her own and, as such, she is not entitled to any maintenance ... HINDU MARRIAGE ACT, 1955 - Sec. 13 - Divorce - Suit decreed - Decree having not been assailed by the husband has attained finality ... HINDU MARRIAGE ACT, 1955 - Sec. 24 - Maintenance - No limitation provided....
2020 0 Supreme(Ori) 119 • India - Orissa
S.K.MISHRA, A.K.MISHRA
The husband objected, claiming that the wife is not entitled to interim maintenance as the marriage was declared null and void, and ... Issues: The main issue was whether the petitioner-wife is entitled to interim maintenance under Sec. 24 of the Hindu Marriage ... Sec. 24 - Hindu Marriage Act - 1955 - Summary of Acts and Sec....
1999 0 Supreme(Raj) 298 • India - Rajasthan
AMRESH KUMAR SINGH
Hindu Marriage Act, 1955, Sec. 24 – Maintenance to either party to the marriage – Maintenance is provided to such party who has no ... – A person who voluntarily incapacitates himself from earning is not entitled to maintenance from the other spouse. ... means of subsistance and the other party is in a position to provide maintenance – Husband claimed maintenance#HL_END....
1999 0 Supreme(Guj) 689 • India - Gujarat
S.K.KESHOTE
Marriage Act, 1955 (Central Act 25 of 1955) - Sec. 24 - Cost of litigation - Enhancement of maintenance amount - Held, nothing on ... of her right or that her advocate has not made known her of this right, the innocent husband cannot be saddled with the costs of ... not showing monthly income is irrelevant - Petitioner is entitled for free legal aid - She is to be made known of her right by Advocate ... To reach to a reasonable sum ....
1989 0 Supreme(P&H) 779 • India - Punjab and Haryana
G.R.MAJITHIA
the date of filing the application under Sec.24 of the Hindu Marriages Act or from the date when she left the services, whichever ... Marriage Act after the husband filed for divorce. ... Fact of the Case: The wife applied for maintenance pendente lite and litigation expenses under Sec.24 of the Hindu ... In the wake of an application for divorce filed by the husband, the wife ....
1990 0 Supreme(P&H) 608 • India - Punjab and Haryana
N.C.JAIN
Sec.24 of the Hindu Marriage Act - Divorce Petition - Litigation Expenses Fact of the Case: The respondent-wife filed ... an application under Sec.24 of the Act seeking litigation expenses during the pendency of the divorce petition. ... The Additional District Judge granted the expenses, citing that the litigation was forced upon her by her husband. ... she was prima facie not entitled to claim maintena....
1995 0 Supreme(Guj) 45 • India - Gujarat
R.K.ABICHANDANI
Hindu Marriage Act, 1955 - Secs. 24 & 26 - Maintenance allowed for minor child - Contention that under Sec. 24 no maintenance can ... interim orders regarding maintenance of a minor child in a proceeding under the said Act. ... for the maintenance of the minor child which clearly means that the power of the Court under Section 26 of the Act for granting ... It was also argued that in an applicatio....
1984 0 Supreme(Del) 215 • India - Delhi
R.N.AGGARWAL
Hindu Marriage Act, 1955 - Section 24 — Application proceedings under Sec-don 13 of the Act filed by respondent husband against the ... Held — the petitioner was entitled to maintenance pendente life at the rate of Rs. 500/- P.M. from the date of application and litigation ... ... Maintenance pendente lite — Held — that Respondent is not bound ... The wife filed an; application under Section 24 ....
2000 0 Supreme(Guj) 112 • India - Gujarat
S.K.KESHOTE
Hindu Marriage Act, 1955 (Central Act 25 of 1955) - Secs. 24 & 26 - Maintenance - Civil Procedure Code, 1908 (Central Act 5 of 1908 ... Hindu Marriage Act. ... The petitioner is entitled for free legal aid. She should have approached to the authority concerned for free legal services. ... Section 24 of the Hindu Marriage Act is a socio-economic piece of legislation. ... Merely b....
1990 0 Supreme(Cal) 282 • India - Calcutta
ABANI MOHAN SINHA, SHAMSUDDIN AHMED
HINDU MARRIAGE ACT - SECTION 24 - APPLICATION FOR MAINTENANCE PENDENTE LITE - MAINTAINABILITY - SETTING ASIDE EX PARTE DECREE ... and application for interim maintenance is therefore maintainable. ... Accordingly, an application u/s. 24 of the Hindu Marriage Act is maintainable in such a proceeding. ... Accordingly, unless the decree is set aside she is not entitled to maintenance pendente lite as....
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