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Hindu Marriage Act, 1955 (25 of 1955) Section 24, 11 – On the petition filed by the husband – Marriage declared to be nullified – During pendency of the appeal, the respondent-husband was directed to pay maintenance pendente lite – Failure of to pay – His claim throughout is liable to be dismissed for non-payment of the arrears of  maintenance – Petition filed by the respondent-husband declaring the marriage a nullity is hereby set aside and his claim in the aforesaid petition is dismissed throughout.

(2018-4) PUNJAB LAW REPORTER 1 (P&H)

 

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  1. Hindu Marriage Act, 1955 (25 of 1955) S. 24 - Adultery - Act of adultery is considered by the Legislature as an offence against the sanctity of the matrimonial home - Those who defile that sanctity are liable for adverse consequences as the infidelity or defection from the normal rectitude in character is not only immoral but is not acceptable as it destroys the basic conjugal set up in the society - Therefore, in our opinion, the ground of adultery proved before the trial court and the said finding being maintained by the High Court on appeal, would be on different pedestal and material factor for denying the right available under Section 24 of the Act to the erring spouse in the appeal filed under Section 28 of the Act. (178) P.L.R.  
  2. Hindu Marriage Act, 1955 (25 of 1955) S. 24 - Court has slipped into a deep legal error to deny the maintenance pendente lite to the minor child of the parties in this respect - The maintenance of wife u/s 24 of the Act includes the maintenance of her minor child as well - No separate application is required. (174) P.L.R.  
  3. Hindu Marriage Act, 1955 (25 of 1955) S. 24 - Criminal Procedure Code (II of 1974) S. 125 - There is no indication in the order nor there appears to be any agreement between the parties in proceedings under Section 125 Cr.P.C. that the order passed in the application under Section 24 of the HMA shall also be modified accordingly - By implication it cannot be taken that order passed in proceedings under Section 125 Cr.P.C. will have effect on the order passed in HMA  proceedings - Court cannot presume that since the parties have agreed in proceedings under Section 125 Cr.P.C. to receive the maintenance with effect from certain date, the agreement would also be applicable to proceedings under Section 24 HMA. (174) P.L.R.  
  4. Hindu Marriage Act, 1955 (25 of 1955) S. 24 - Is a manner of providing maintenance in a summary manner to a party who has no independent income sufficient for her or his support and intended to ensure that at the litigation, both parties are at par - If both the boys are majors and the wife has substantial assets inherited by her and also an income tax assessee, there is simply no justification for the wife to ask for maintenance against the husband under Section 24 of the Hindu Marriage Act - The same way, if the husband is carrying on an agency in motor cars of a popular manufacturing company, there is no reason for him to claim maintenance against the wife - It is a fanciful litigation brought by the husband and wife in so far as the claim to maintenance is concerned. (179) P.L.R.  
  5. Hindu Marriage Act, 1955 (25 of 1955) S. 24 - Maintenance  pendente lite and litigation expenses can be granted during pendency of any matrimonial proceedings under the Act irrespective of whether the marriage between the parties was valid or void - For example, if a petition under Section 11 of the Act is filed alleging that marriage between the parties was void, during pendency of such petition, maintenance pendente lite can be awarded under Section 24 of the Act, even if subsequently the petition is allowed and marriage between the parties is held to be null and void. (173) P.L.R.  
  6. Hindu Marriage Act, 1955 (25 of 1955) S. 24 - Maintenance of child - Act being an enactment that deals with matrimonial issues between the spouse ought to therefore make possible a claim for maintenance of not merely of the spouses but also of children and further a maintenance for spouse at all times ought to be understood as including a claim to maintenance for the child as well, for after all a child is never a party or is not even considered to be a party.  (183) P.L.R.  
  7. Hindu Marriage Act, 1955 (25 of 1955) S. 24 - Matrimonial Court, as an interim measure, has awarded Rs.50,000/- per month to the wife and Rs.15,000/- each to the children (Three children) - Litigation costs of Rs.50,000/- have also been awarded - Terribly feeble defense set up in the reply - Court has found inter alia from the electricity bills in the name of the husband ranging from Rs.17,000/- to Rs.40,000/- per cycle - This is relevant material to assess the affluent life style maintained by the parties - It is then the business of the husband when he stays away from his family to continue his wife and children in the same financial and social status as he made them enjoy during the period prior to filing of the divorce petition by him - Order upheld. (176) P.L.R.  
  8. Hindu Marriage Act, 1955 (25 of 1955) S. 24 - Mere fact that husband has burdened to maintain his new wife, child and parents is no ground to decline the legal right of respondent-wife to get maintenance pendente lite under Section 24 of the Hindu Marriage Act, as she has no independent sufficient income to maintain herself. (182) P.L.R.
  9. Hindu Marriage Act, 1955 (25 of 1955) S. 24 - Parties already divorced - Allowed maintenance pendente lite to the tune of Rs.20,000/- per month, in essence, wife would be entitled to the maintenance pendente lite to the tune of Rs.20,000/- per month, in addition to Rs.20,000/- awarded in the proceedings under Section 12 of the Domestic Violence Act (43 of 2005) from the date of the application - Keeping in view the statute of the parties.  (182) P.L.R.
  10. Hindu Marriage Act, 1955 (25 of 1955) S. 24 - Protection of Women from Domestic Violence Act, 2005 (43 of 2005) - When maintenance is awarded under two different Acts, the Court is required to take into consideration all the facts including the right of the applicant-wife, minor children and shelter i.e. rent for having a roof over the head of the concerned party - Amount paid by the petitioner-husband to the respondent-wife towards her maintenance under the provisions of the Domestic Violence Act is required to be adjusted against the amount payable under Section 24 of the 1955 Act. (182) P.L.R.
  11. Hindu Marriage Act, 1955 (25 of 1955) S. 24 - Protection of Women from Domestic Violence Act 2005 (43 of 2005) - Any order made by another court in some other proceedings is not to stand in the way of adjudication of the matter in controversy coming before another superior court - Pursuant to earlier orders the Applicant-wife was to shift to another rented accommodation to be provided and the husband was to pay another Rs.4,000/- for maintenance of the wife - Husband has taken on rent the premises - Respondent-wife is not vacating the portion of the house wherein the husband has no right, title or interest and thus, the said premises are not in the nature of shared accommodation - A litigant who violates order of a court with impunity and seeks enforcement of yet another order, is to be taken with a caution. (176) P.L.R.  
  12. Hindu Marriage Act, 1955 (25 of 1955) S. 24 - Since the respondent-wife is working as Assistant Professor and drawing salary of Rs.70,000/- per month, she can very well take care of the minor child, vis-a-vis the education and upbringing - Accordingly, the impugned order granting maintenance pendente lite to the tune of Rs.5,000/- to the minor child is hereby set-aside.  (182) P.L.R.
  13. Hindu Marriage Act, 1955 (25 of 1955) S. 24 - That respondent is not entitled to claim maintenance pendente lite owing to proceedings under Section 125 Cr.P.C., is erroneous - Right is conferred under the specific Section of the HMA and is in the nature of statutory right -Proceedings under Section 125 Cr.P.C. are generally initiated by wife with the hope and expectation that she would get quick and speedier relief in those proceedings by way of maintenance for herself and the child - Initiation of proceedings under Section 125 Cr.P.C. and Section 24 of the HMA, at the best, can be said to be two different modes for maintenance which are statutorily conferred under the HMA - Criminal Procedure Code, (II of 1973) S. 125. (174) P.L.R.  
  14. Hindu Marriage Act, 1955 (25 of 1955) S. 24 - Where the marriage subsisted for about 10 days - Mere fact that the respondent-wife is staying in United Kingdom is not a ground for refusing to grant of maintenance pendente lite especially when the respondent's plea was that she is a student while staying in United Kingdom and that she is not a working hand - She was stated to be living at the mercy of her mother - There is no document placed by the petitioner on record to suggest that the respondent has any source of income. (177) P.L.R.  
  15. Hindu Marriage Act, 1955 (25 of 1955) S. 24 - Where the marriage subsisted for about 10 days - Mere fact that the respondent-wife is staying in United Kingdom is not a ground for refusing to grant of maintenance pendente lite especially when the respondent's plea was that she is a student while staying in United Kingdom and that she is not a working hand - She was stated to be living at the mercy of her mother - There is no document placed by the petitioner on record to suggest that the respondent has any source of income. Harinder Kumar  v. Deepika Bange . (177) P.L.R.  
  16. Hindu Marriage Act, 1955 (25 of 1955) S. 24 - Woman who has adequate resources and on her own showing, she has put the son for education in UK - That she, therefore, requires support from her husband - If education is thought to be essential and education abroad was perceived to be important for the boy, keeping in with their own status, one does not become impecunious in the process - I will not find any need to address the requirement of an adult son in maintenance proceedings. (179) P.L.R.  
  17. Hindu Marriage Act, 1955 (25 of 1955) S. 24, 26 - In addition to Section 24, the Court is also empowered to pass interim orders in terms of Section 26 of the Act with regard to custody, maintenance and education of minor children. (178) P.L.R.