Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Hindu Marriage Act 1955 |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Hindu Marriage Act, 1955 - s.24 - Maintenance pendente lite and expenses of proceedings - Reduction of - Respondent-wife filed application u/s.24 claiming interim maintenance during pendency of divorce petition - Application dismissed by Lower court - High Court directed appellant-husband to pay interim maintenance of Rs. 60, 000/- p. m. in addition to amount directed to be paid to the respondent-wife in proceeding under D. V. Act - On appeal, held: An order for maintenance pendente lite or for costs of the proceedings is conditional on the circumstance that wife or husband who makes a claim for the same has no independent income sufficient for her/his support or to meet the necessary expenses of the proceedings - In the instant case, at the time of claiming maintenance pendente I ite, the respondent-wife did not have sufficient income capable of supporting herself, and therefore, the High Court was justified in ordering maintenance - However amount ordered by the High Court is on the higher side and in the interest of justice same reduced to Rs.25,000/-p.m. (in addition to amount paid under the proceedings of the D. V. Act |
Judge | Hon'ble Ms. Justice R. Banumathi |
Neutral Citation | 2017 INSC 297 |
Petitioner | Manish Jain |
Respondent | Akanksha Jain |
SCR | [2017] 3 S.C.R. 702 |
Judgement Date | 2017-03-30 |
Case Number | 4615 |
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