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..........
Hindu Marriage Act, 1955, Section 24 -- Maintenance pendente lite - Income of husband from various sources as pleaded was not established by any cogent evidence on record - Wife has no adequate source of income and she has to travel from UP to Kota for attending each date of hearing - Order of trial Court directing husband to pay Rs.4000 pm towards maintenance pendente..........
Hindu Marriage Act, 1955, Section 24, Criminal Procedure Code, 1973, Section 125 -- Interim maintenance - Rejection of earlier claim for maintenance u/s 125 Cr.P.C made by wife is not a bar to file an application for grant of interim maintenance in proceeding initiated by husband...........
Hindu Marriage Act, 1955, Section 24 -- Maintenance pendente lite - Factum of wife deserting husband cannot be a ground to deny maintenance pendente lite u/s 24 of the Act...........
Hindu Marriage Act, 1955, Section 24 -- Maintenance pendente lite - No evidence on record that wife is having adequate source of income - Amount of maintenance pendente lite @ Rs.5000 p.m as awarded by Family Court for wife and her daughter and Rs.1000 for attending each date of hearing cannot be said to be excessive...........
Hindu Marriage Act, 1955, Section 24 -- Maintenance pendente lite - Mere fact that there is strong possibility of marriage being declared nullity is no ground to decline even basic right to claim interim alimony and expenses of litigation...........
Hindu Marriage Act, 1955, Section 24 -- Maintenance pendente lite - S.24 of the Act applies to any proceeding under the Act...........
Hindu Marriage Act, 1955, Section 24 -- Maintenance pendente lite - Both parties not produced any documentary evidence regarding their income - There are no issues out of alleged wedlock between parties - Sum of Rs.8000/- as fixed by Family Court as interim maintenance is on higher side and same is reduced to Rs.6000/-, which will be sufficient sum for wife to maintain..........
Hindu Marriage Act, 1955, Section 24, 26 -- Order passed u/ss 24, 26 of the Act - Appeal against an order u/s 24 of the Act itself does not lie - However, since order passed both u/ss 24, 26 of the Act, appeal against the said order is maintainable...........
Hindu Marriage Act, 1955, Section 24, 26 -- Maintenance pendente lite - Bald assertion made by husband that he was no longer in employment - It was not disclosed by husband when exactly and in what circumstances he had ceased to remain in employment, nor did he file any counter affidavit in support of his contention to rebut wife's affidavit - Fact that husband was not in..........
