Hindu Marriage Act, 1955, Section 24 -- Maintenance pendente lite - Appellant Court is competent to make an order of maintenance pendente lite as appeal is continuation of the proceedings of which decree is assailed...........
Hindu Marriage Act, 1955, Section 24 -- Maintenance pendente lite - Wife having no source of income - Husband contended that he has no income as he is already out of service and is unemployed - However, husband being an able bodied man is capable to earn minimum wages and thereby can spare Rs.3000 pm as interim maintenance - Husband directed to pay a sum of Rs.3000/- p.m...........
Hindu Marriage Act, 1955, Section 24 -- Maintenance pendente lite - Maintenance can be granted u/s 125 Cr.P.C. and u/s 24 Hindu Marriage Act and under Domestic Violence Act - Maintenance cannot be claimed in all the three provisions at a time if she/he gets sufficient maintenance in one of the proceedings...........
Hindu Marriage Act, 1955, Section 24 -- Maintenance pendente lite - Wife already getting Rs.10,000/- as maintenance under PWDV Act - However, wife not getting any amount to meet out expenses of proceeding - Counsel fee quantified at Rs.10,000/- and miscellaneous expenses at Rs.5000/- - Application u/s 24 of the Act partly allowed directing husband to pay Rs.15,000/- to..........
Hindu Marriage Act, 1955, Section 24 -- Maintenance pendente lite - Husband alleges that he is unemployed - However, it is unacceptable that husband who is 26 years old and holding a degree in BBA continues to remain unemployed - Affidavit of assets, income and expenditure filed by husband is found to be extremely ambiguous - Except for writing "NA" in most of columns..........
Hindu Marriage Act, 1955, Section 24 -- Maintenance pendente lite - Extension of time for payment - Husband contended that marriage between parties is itself is null and void as per observation of criminal Court, he is not liable to pay maintenance to wife - Contention rejected, as until and unless a competent civil Court passes a decree of divorce, observations made in..........
Hindu Marriage Act, 1955, Section 24, 26 -- Maintenance pendente lite - Husbands failed to produce any evidence that wives had an adequate source of income to maintain themselves - Liability of husband to maintain his wife would not be absolved that he had no sufficient means of income - Family Court rightly awarded maintenance to wives - No interference warranted in..........
Hindu Marriage Act, 1955, Section 24 -- Maintenance pendente lite - Award of a meager amount of Rs.1500/- per month as maintenance allowance and Rs.7,000/- per month as litigation expenses - Maintenance awarded cannot be said to be on higher side or excessive - Order calls for no interference...........
Special Marriage Act, 1954, Section 36 -- Maintenance pendente lite - Husband was a director of private company - He earns more than Rs.1 lakh p.m from company - Before separation of wife she was used to a particular living standard - Maintenance @ Rs.50,000 was awarded by Court below to wife after taking into account the status of husband - Litigation cost of Rs.2 lakhs..........
Hindu Marriage Act, 1955, Section 24 -- Maintenance pendente lite - Wife is a government employee, working as Headmistress in primary School and receiving handsome salary for maintaining herself - She can even bear expenses of litigation - Husband is paying Rs.4000 p.m to each of daughters regularly (total Rs.8,000/-) for their maintenance - Wife held, not entitled to..........
