AI Overview...
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Section 24 and Stay of Proceedings - Maintenance under Section 24 of the Hindu Marriage Act (HMA) provides for interim support during matrimonial proceedings. Multiple sources confirm that the mere stay of divorce or related proceedings does not automatically terminate the husband's obligation to pay maintenance. Courts have held that Section 24 applies throughout the pendency of proceedings, regardless of stay orders. For example, Ankit Suman vs State of U.P. - Allahabad, Kannamma VS Y. Subramaniam - Madras, L. Saravanan VS C. Sangeetha - Madras, and Ranu Roy VS Pradip Kumar Roy - Calcutta emphasize that the entitlement to maintenance continues even if proceedings are stayed, unless explicitly ordered otherwise.
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Court's Power to Stay Proceedings - Courts possess inherent powers under the Civil Procedure Code (CPC), particularly Section 151, to stay proceedings for reasons such as non-payment of maintenance. Several judgments, including H. P. Komala, W/o. N. Ravikumar VS N. Ravikumar, S/o. S. Nagaraju - Karnataka, BHUNESHWAR PRASAD VS DROPTA BAI - Madhya Pradesh, and Anita Karmokar VS Birendra Chandra Karmokar - Calcutta, clarify that while Section 24 does not explicitly authorize staying proceedings, courts can exercise inherent jurisdiction to stay cases to enforce maintenance orders or ensure compliance.
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Non-Payment and Enforcement - Non-payment of interim maintenance under Section 24 can lead to proceedings being stayed or other enforcement measures. Courts have used their inherent powers to stay proceedings in cases of default, reinforcing that maintenance obligations remain enforceable during the pendency of litigation, even if proceedings are temporarily stayed (Vanitaben Bhaishanker Pandya VS Jayantilal Purshottam Upadhayay - Gujarat, Malkan Rani VS Krishan Kumar - Punjab and Haryana).
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Conclusion - The consensus across the cited judgments is that maintenance under Section 24 continues during the stay of matrimonial proceedings unless specifically ordered otherwise. Courts can exercise inherent jurisdiction to stay proceedings for enforcement or compliance purposes, but such stay does not inherently nullify the husband's obligation to pay interim maintenance under Section 24.
References: - Ankit Suman vs State of U.P. - Allahabad - Kannamma VS Y. Subramaniam - Madras - L. Saravanan VS C. Sangeetha - Madras - Ranu Roy VS Pradip Kumar Roy - Calcutta - Malkan Rani VS Krishan Kumar - Punjab and Haryana - Anita Karmokar VS Birendra Chandra Karmokar - Calcutta - BHUNESHWAR PRASAD VS DROPTA BAI - Madhya Pradesh - H. P. Komala, W/o. N. Ravikumar VS N. Ravikumar, S/o. S. Nagaraju - Karnataka - Vanitaben Bhaishanker Pandya VS Jayantilal Purshottam Upadhayay - Gujarat
Search Results for "No Maintenance under Section 24 then Stay of Proceedings"
2025 0 Supreme(All) 2993 • India - IN THE HIGH COURT OF ALLAHABAD
Manish Kumar Nigam
... ... Issues: Whether maintenance under Section 24 ceases during the stay of divorce proceedings. ... Section 24 allows support during litigation; the mere stay did not end proceedings. ... entitlement during stayed divorce proceedings were dismissed, affirming that Section 24 applies to all matrimonial proceedings, ... be liable to make payment of ....
1997 0 Supreme(Mad) 249 • India - Madras
S.S.SUBRAMANI
HINDU MARRIAGE ACT - SECTION 24 - INTERIM MAINTENANCE - NON-PAYMENT - EFFECT - STAY OF PROCEEDINGS - POWER OF COURT - HUSBAND'S ... Fact of the Case: The wife filed an application under Section 24 of the Hindu Marriage Act for interim alimony and ... Till that period, the proceedings before the court below shall stand stayed. ... The Court can stay the main proceedings under the Act, if the husband neglects to pa....
2000 0 Supreme(Mad) 244 • India - Madras
S.S.SUBRAMANI
Interim Maintenance - Restitution of Conjugal Rights - Hindu Marriage Act, Section 9, Section 24, Section 25 Fact of the ... The petitioner argued that he was not liable to pay interim maintenance during the stay of proceedings. ... The respondent filed for interim maintenance and litigation expenses under Section 24. ... The learned Judge has held that in case, the proceedings r....
2002 0 Supreme(Cal) 406 • India - Calcutta
Subhro Kamal Mukherjee
HINDU MARRIAGE ACT - SECTION 24 - MAINTENANCE PENDENTE LITE - STAY OF SUIT - WIFE'S RIGHT TO MAINTENANCE - ENFORCEMENT OF ORDER ... Fact of the Case: The wife filed an application under section 24 of the Hindu Marriage Act, 1955, claiming maintenance ... The court also noted that section 24 of the Hindu Marriage Act gives the defendant-spouse a special right to apply for maintenance ... In the s....
2015 0 Supreme(Mad) 1079 • India - Madras
PUSHPA SATHYANARAYANA
Issues: Interim maintenance under Section 24 of the Hindu Marriage Act, non-payment of ordered maintenance, arrears of maintenance ... Fact of the Case: The wife filed an application for interim maintenance under Section 24 of the Hindu Marriage Act, ... , and stay of further proceedings in the divorce case. ... In H.M.O.P.No.45 of 2012, which is filed by the Petitioner/husband herein for divorce, the respondent....
1960 0 Supreme(P&H) 81 • India - Punjab and Haryana
BISHAN NARAIN, I.D.DUA
HINDU MARRIAGE ACT - SECTION 24 - MAINTENANCE PENDENTE LITE AND EXPENSES OF PROCEEDINGS - ENFORCEMENT - INHERENT JURISDICTION ... Fact of the Case: The wife filed an application under Section 24 of the Hindu Marriage Act for maintenance pendente ... OF COURT - STAY OF PROCEEDINGS. ... Section 21 of the Act makes the provisions of the Code of Civil Procedure applicable to proceedings under this A....
1961 0 Supreme(Cal) 91 • India - Calcutta
BANERJEE
HINDU MARRIAGE ACT - RESTITUTION OF CONJUGAL RIGHTS - MAINTENANCE PENDENTE LITE - STAY OF PROCEEDINGS - INHERENT POWER OF COURT ... been ordered to pay under section 24 of the Act? ... - SECTION 24, 28, 151 OF THE CODE OF CIVIL PROCEDURE, 1908. ... Section 24, dealing with maintenance pendente lite and expenses of proceedings, section 25, dealing with permanent alimony and #HL_ST....
1962 0 Supreme(MP) 193 • India - Madhya Pradesh
P.V.DIXIT
MAINTENANCE AND EXPENSES - COURT CAN STAY PROCEEDINGS IN EXERCISE OF ITS INHERENT POWER. ... HINDU MARRIAGE ACT, 1955 - SECTION 24 - STAY OF PROCEEDINGS - POWER OF COURT - INHERENT POWER - NON-COMPLIANCE WITH ORDER FOR ... The court held that Section 24 of the Act did not give any such authority, but that the court could stay the proceedings in the exercise ... The basis of an order under #HL_STAR....
2024 0 Supreme(Kar) 282 • India - Karnataka
LALITHA KANNEGANTI
Maintenance - Divorce Proceedings - Hindu Marriage Act, Section 24; CPC, Section 151 - The court emphasized ... the inherent powers under Section 151 of CPC to stay proceedings for non-payment of maintenance, ensuring compliance with court ... Ratio Decidendi: The court held that it has the inherent power to stay proceedings under Section 151 of CPC ... In that, the wife had fil....
1975 0 Supreme(Guj) 136 • India - Gujarat
J.M.SHETH
HINDU MARRIAGE ACT, 1955 - SECTION 24, 28, 15 - STAY OF APPEAL - POWER OF COURT - INHERENT JURISDICTION - MAINTENANCE PENDENTE ... order passed by the court under section 24 of the Hindu Marriage Act, 1955, directing the appellant to pay maintenance pendente ... amount ordered to be paid under section 24 of the Act. ... The observations made therein are : "Where in proceedings by the husband for restitution of conj....
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