Hindu Marriage Act, 1955, Section 24 -- Maintenance pendente lite - Capacity of other party to earn cannot be taken into consideration, while granting maintenance pendente lite - It is only actual earning of opposite party on the basis of which relief can be granted - Permanent income and not casual income is relevant...........
Hindu Marriage Act, 1955, Section 24 -- Maintenance pendente lite - Non-disclosure of exact income by husband - Where the parties do not come forward with exact income, Court would have no alternative but to apply its guess-work - In the instant case, husband has two accounts, which shows that cash deposits per month in such accounts is of Rs.73,683.33 - However,..........
Hindu Marriage Act, 1955, Section 24 -- Interim maintenance to minor daughter - Both the parties are gainfully employed and thus both are obliged to contribute towards maintenance of child - Gross salary of husband is 76,000 p.m and pre-revised salary of wife was more than Rs.50,000 - Husband directed to pay Rs.20,000 p.m towards maintenance of daughter subject to..........
Hindu Marriage Act, 1955, Section 24 -- Maintenance pendente lite - Court to make summary consideration of amount to be awarded - Capacity of the other party to earn cannot be taken into consideration - It is only the actual earning of the opposite party on the basis of which relief can be granted - Permanent income and not casual income is relevant...........
Hindu Marriage Act, 1955, Section 24 -- Maintenance pendente lite - Non-disclosure of true income by husband - Keeping in view income tax returns, machinery deployed and number of workmen engaged by husband, inference can be drawn that income tax returns do not truthfully reveal his income - Monthly income generated by husband under no circumstances can be less than..........
Hindu Marriage Act, 1955, Section 24 -- Maintenance pendente lite - Object - Providing maintenance to spouse during pendency of matrimonial proceedings, so that spouse can maintain herself/himself and have sufficient funds to carry on litigation and do not suffer in conduct of the case for want of funds...........
Hindu Marriage Act, 1955, Section 24 -- Maintenance pendente lite - Spouse unable to maintain himself/herself is entitled to maintenance on principle of equi-status and respect, as that spouse would have enjoyed if he/she continued to live with each other...........
Hindu Marriage Act, 1955, Section 24 -- Maintenance pendente lite - Provision u/s 24 of the Act are beneficent in nature - Court has to exercise its power not only out of compassion but also by way of judicial duty so that indigent spouse may not suffer at instance of affluent spouse...........
Hindu Marriage Act, 1955, Section 24 -- Maintenance pendente lite - Where parties do not come forward with there exact income, Court has no alternative but to apply its guess work...........
Hindu Marriage Act, 1955, Section 24 -- Maintenance pendente lite - Wife is qualified Chartered Accountant and is in profession since 2003 - Wife not entitled to interim maintenance as she has sufficient means to maintain herself...........
