Hindu Marriage Act, 1955, Section 24 -- Maintenance pendente lite - Object of awarding interim maintenance is to ensure that wife has sufficient income to enable her to maintain herself and said sustenance is not mere survival, but should be on same lines of a comfortable lifestyle that she would have had in matrimonial home...........
Hindu Marriage Act, 1955, Section 24 -- Maintenance pendente lite - Wife is a Director of a Company and is also a Doctor who has been receiving regular dividends - Fact that wife has received substantial monies for last three financial years is also not in dispute - Husband has stated that he is willing to meet educational expenses of his son and is also willing to pay the..........
Hindu Marriage Act, 1955, Section 24, 11 -- Maintenance pendente lite - Void marriage - Even if a Court comes to a prima facie conclusion that marriage between parties is void or voidable, pending final disposal of proceeding under the Act, Court is not precluded from granting maintenance pendente lite provided conditions mentioned in S.24 of the Act are satisfied - While..........
Hindu Marriage Act, 1955, Section 24 -- Maintenance pendente lite - Husband is working as Sub Inspector in Police - No salary slip has been filed by husband to show his monthly salary - Husband is owing a car and according to his designation as well as the fact that he is having car clearly shows that he is living a comfortable life for which wife is also entitled -..........
Hindu Marriage Act, 1955, Section 24 -- Interim maintenance - Non payment - In case proceedings are initiated by husband then Court can grant stay of further proceedings till the maintenance is paid - However, in case proceedings are initiated by wife then Court can strike off the defence of husband...........
Hindu Marriage Act, 1955, Section 24 -- Maintenance pendente lite - At the time of deciding application u/s 24 of the Act merit of the case is not seen - Only point for consideration at the time of deciding the interim maintenance application is whether wife is having source of earnings...........
Hindu Marriage Act, 1955, Section 24 -- Maintenance pendente lite - Wife earned Rs.60,000 pm as per her ITR - However, husband earns Rs.9 lakhs per month - Considering the documents of income of both the parties, trial Court has committed error in not giving any amount of interim maintenance to wife - Husband directed to pay a sum of Rs.1,00,000 pm as interim maintenance..........
Hindu Marriage Act, 1955, Section 24 -- Maintenance pendente lite - Wife claimed Rs.1.50 lakhs p.m towards interim maintenance to her and to her two minor children and Rs.25000 towards litigation expenses - However, she has not filed proper documentary evidence - Order allowing application set aside - Matter remanded...........
Hindu Marriage Act, 1955, Section 24 -- Maintenance pendente lite - Wife claimed Rs.1.50 lakhs p.m towards interim maintenance to her and to her two minor children and Rs.25000 towards litigation expenses - However, she has not filed proper documentary evidence - Order allowing application set aside - Matter remanded...........
Hindu Marriage Act, 1955, Section 24 -- Interim maintenance - Decree for restitution of conjugal rights passed in favour of wife - Husband neither takes wife back to the fold of matrimonial house nor pays maintenance to child and wife - If husband does not want wife and child back, he cannot escape maintenance merely because he has challenged the order of restitution of..........
