#interim maintenance

An appeal against a maintenance order under Section 24 of the Hindu Marriage Act (HMA) is maintainable. While Section 28 of the HMA governs the right to appeal decrees and orders, the exact forum often depends on whether the order was passed by a regular civil court or a Family Court. [1, 2, 3, 4]  How to Appeal an Order Under Section 24 HMA • Appealing Family Court Orders: If the interim…

Executing a Section 24 Hindu Marriage Act (HMA) order for interim maintenance requires filing an execution petition under Section 28 of the HMA read with Order 21 of the CPC. If the liable spouse defaults, remedies include property attachment, salary garnishment, or civil imprisonment. [1, 2, 3, 4, 5]  Key Steps for Execution 1. Calculate Arrears: Compute the exact total amount due, including…

No Maintenance if Wife Lives Separately Without Valid Reason: Delhi High CourtThe Delhi High Court has held that a wife is not entitled to past maintenance if she chooses to live separately from her husband without any justifiable or valid reason. Case BackgroundThe case arose from a marital dispute in which the Family Court had directed the husband to pay arrears of maintenance to his wife. The…

The Supreme Court on Friday (Aug. 29) issued a notice in a plea filed by a man against the maintainability of the Section 125 Cr.P.C. maintenance application filed by his live-in-partner before the family court. The bench comprising Justices Pankaj Mithal and Prasanna B. Varale heard the plea filed by the male partner against the Kerala High Court’s decision that dismissed his plea questioning…

Observing that it is not uncommon for husbands to suppress their real income in order to avoid paying maintenance to their wives, the Delhi High Court has held that a wife can seek to summon bank officials as witness to the husband’s actual income/ assets.Justice Ravinder Dudeja thus allowed Petitioner-wife’s plea against a Family Court order dismissing her Section 311 CrPC application to summon…

The Madras High Court has recently set aside an order of a Family Court asking a husband to pay Rs. 30,000 per month as interim maintenance to his wife till the pendency of a divorce petition filed by him. Justice PB Balaji noted that the object of awarding interim maintenance, under Section 24 of the Hindu Marriage Act, was to ensure that the wife had sufficient income to enable her to maintain…

Just because a wife is earning does not mean that she can be deprived of the support from her husband with the same standard of living to which she was accustomed to after her marriage, the Bombay High Court held recently. Single-judge Justice Manjusha Deshpande noted that the wife in the instant case, though earning, her income was not sufficient for her own maintenance since she had to travel…

Note: This story has not been edited by LegalSeva and is generated from a news syndicate feed. HC cites wife’s adultery, sets aside lower court order granting her maintenance Raipur: Chhattisgarh high court (HC), citing a woman’s adulterous conduct, ruled against her plea for maintenance from her estranged husband. Justice Arvind Kumar Verma gave the ruling while hearing two criminal revision…