SOME IMPORTANT CITATIONS ON SEC 24 OF HINDU MARRIAGE ACT

*SOME IMPORTANT CITATIONS ON SEC 24 OF HINDU MARRIAGE ACT*

Richa Arya Vs. State of NCT of Delhi & Anr.2016 ALL MR (Cri) JOURNAL 233 

Protection of Women from Domestic Violence Act (2005), Ss.12, 18, 19, 20, 21, 22, 23 - Hindu Marriage Act (1955), S.24 - Interim measure - Refusal to grant on premise that petitioner being granted maintenance pendent lite under divorce proceedings - Held, relief u/S.12 of DV Act is in addition to any other relief - It is not necessary that relief under DV Act can only be sought for in proceeding under DV Act - Same may also be sought for in any legal proceeding even before a civil court and family court apart from criminal court - Therefore, rejection of claim, held, not proper. (Paras 

Amit Rasiklal Shah Vs. Sonal Amit Shah2011(1) ALL MR 765

 Hindu Marriage Act (1955), S.24 - Interim maintenance - Husband producing income-tax returns - Computation of taxable income must be seen in its entirety and only net income cannot be considered. (Paras 

Smt. Vrinda Bharat Mhapsekar Vs. Shri Bharat Prabhakar Mhapsekar2013(2) ALL MR 271 

Hindu Marriage Act (1955), S.24 - Application for enhancement of maintenance - Change of circumstances viz. promotion in service - Fit case for enhancement of maintenance. (Paras 

Sau. Vanita Pravin Gaikwad Vs. Shri. Pravin Pundlik Gaikwad2010 ALL MR (Supp.) 445 

Hindu Marriage Act (1955), Ss.13, 24 - Civil P.C. (1908), O.8, R.1 - Divorce petition - Grant of litigation expenses - Application filed under S.24 by wife for grant of litigation expenses - Wife cannot be compelled to file a written statement unless an order is passed in favour of the wife directing the petitioner husband to pay litigation expenses - Wife is expected to file written statement only after the amount is paid to her.(Para 

Ritula Singh Vs. Lt. Col. Rajeshwar Singh2010(3) ALL MR 828 

Hindu Marriage Act (1955), S.24 - Maintenance to wife - Interim maintenance - Wife having income sufficient to maintain herself - Merely because the husband starts earning additional amount, she cannot be taken not to have income sufficient to maintain herself ipso facto. (Para 

Arvind Chenji Vs. Krishnaveni2010(1) ALL MR (JOURNAL) 33 

 Hindu Marriage Act (1955), S.24 - Interim maintenance - Grant of, in favour of children, not permissible - Section 24 confers right upon spouses alone, to claim maintenance - Children alone, excluded - Lower Court order granting interim maintenance to two minor children also, held, bad. (Para 

8. It needs to be mentioned that the EP filed by the respondent was under Rule 11 of Order 21, read with Rule 141 of the Civil Rules of Practice. A specific prayer was made for attachment of some items of movable property. Whenever a decree-holder wants the judgment-debtor to be arrested, an application under Rule 37 of Order 21, CPC has to be made. Detailed procedure is prescribed to deal with applications, filed under that provision. The scope of enquiry would be, as to the means, possessed by the judgment-debtor, and his disinclination to pay the decretal amount. Even assuming that the EP filed by the respondent herein can be treated as under Order 21, Rule 37, the Family Court did not bestow its attention to the prescribed procedure. Therefore, the direction issued by the Executing Court, for arrest of the petitioner, is not sustainable in law.

 Smt. Manju Kamal Mehra Vs. Mr. Kamal Pushkar Mehra2009(5) ALL MR 798

 Hindu Marriage Act (1955), Ss.9, 24 - Hindu Adoption and Maintenance Act (1956), S.18 - Grant of maintenance to wife - Challenge to - Decree of restitution of conjugal rights against wife - Held, when the husband has succeeded in obtaining a decree of restitution of conjugal rights against the wife, it is implied that wife was required to join the company of the husband at her matrimonial home and therefore, there is no question of maintenance at least from the date of the said order - Order to that extent is required to be set aside - However, Court refused to interfere in the maintenance granted to daughter. 

Smt. Snehal W/O. Sanjay Bapat Vs. Shri. Sanjay S/O. Madhusudan Bapat2009(4) ALL MR 39 

Hindu Marriage Act (1955), S.24 - Interim maintenance - Enhancement of - Held, interim maintenance is an order which is meant for providing subsistence during the pendency of proceedings - In these circumstances, enhancement or the reduction in the interim maintenance can be sought by an application, if there is change of circumstances or extra-ordinary long delay in disposal of matter, even though there is no express statutory provision to pass such order. (Para 

Akella Rama Murthy S/O A. Thimmaya Shastry Vs. Akella Sitalaxmi W/O A. Rama Murthy2006(3) ALL MR (JOURNAL) 31 

Hindu Marriage Act (1955), S.24 - Maintenance - Claim for children - Right to claim maintenance is conferred only on husband or wife - It is impermissible to grant maintenance to children of the parties - Their remedy is under S.125 of Cr.P.C. and Hindu Adoptions and Maintenance Act. (Para 

Smt. Pampa Das Vs.Sanjib Das2005(4) ALL MR (JOURNAL) 65 

Hindu Marriage Act (1955), S.24 - Maintenance pendente lite - Application for - Conduct of applicant is immaterial - It is not open to Court to pre-judge the issues and to hold that as the applicant is guilty of matrimonial offences applicant is not entitled to alimony pendent lite and expenses of proceedings.

 Mrs. Rajashree Alias Vanita Rajesh Dixit Vs. Shri. Rajesh Nagesh Dixit2005(4) ALL MR 63

 Hindu Marriage Act (1955), S.24 - Criminal P.C. (1973), S.127 - Civil P.C. (1908), O.47, R.1(1) - Grant of maintenance - Alteration of interim maintenance amount - Provisions of S.24 of Hindu Marriage Act, cannot be given restricted meaning - If in a given case, an application is made for alteration of the interim maintenance amount already granted, such an application will have to be entertained as an application for review under order 47 of R.1(1) of Civil P.C. or in the alternative an application u/s. 127 of Criminal P.C.

Sanjay S/O Pundlikrao Niranjane Vs. Swati W/O Sanjay Niranjane2005 ALL MR (Cri) 2377

 Criminal P.C. (1973), S.125 - Hindu Marriage Act (1955), S.24 - Maintenance - Grant of - Claim of maintenance by wife u/s.125 of Criminal P.C. - Husband already paying higher amount of maintenance in compliance with the order passed under S.24 of Hindu Marriage Act - Wife not entitled to claim maintenance under S.125 of Criminal P.C. in view of the order passed u/s.24 of Hindu Marriage Act. 2000 ALL MR (Cri) 372 – Followed

 Vanmala W/O Maroti Hatkar Vs. Maroti Sambhaji Hatkar1999(2) ALL MR 504

 

Hindu Marriage Act (1955), S.24 - Order granting interim alimony and expenses of litigation to wife - Petitioner husband refusing to pay - Wife need not be driven to file execution proceedings - Court can in exercise of inherent powers stay proceedings for divorce for non-compliance with its order.

Mr. Krishnakant Mulashankar Vyas Vs. Mrs. Reena Krishna Vyas And Anr1999(2) ALL MR 103

Hindu Marriage Act (1955), Ss.5(1), 11 and 24 - Hindu Adoption and Maintenance Act (1956), S.18 - Second marriage while first marriage is subsisting - Marriage is void under S.11 read with S.5(1) - Second wife however is not disentitled from claiming maintenance pendente lite under S.24 - She is also not disentitled from claiming interim maintenance under S.18 of 1956 Act.