Monday, November 12, 2007

HMA Section 24 Judgements

1998(2) Civil Court Cases 429 (Bombay)
BOMBAY HIGH COURT

Sangeeta Piyush Raj
Vs
Piyush
Hindu Adoption and Maintenance Act, 1956, Section 18
Hindu Marriage Act, 1955, Section 24 - Pendency of matrimonial
proceedings before Family Court - Interim maintenance - It is not
necessary that application has to be made under S.24 of the Hindu
Marriage Act in the same Court - In such situation, application under
Section 18 of Hindu Adoptions and Maintenance Act is maintainable -
However, once interim maintenance is granted either under S.24 of the
Hindu Marriage Act or under S.18 of Hindu Adoptions and Maintenance
Act, application under the other Act is not maintainable.

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2005(3) Civil Court Cases 101 (Rajasthan)
RAJASTHAN HIGH COURT

Smt.Gayatri Singh
Vs
Wing.CDR.Sanjay Singh & Anr.
Hindu Marriage Act, 1955, Section 24 - Maintenance -
Wife earning Rs.3500/- p.m. - Application of wife for maintenance
rightly rejected.

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1991 Civil Court Cases 424 (M.P.)
MADHAYA PRADESH HIGH COURT

Smt.Indira Gangele
Vs
Shailendra Kumar Gangele
Hindu Marriage Act, 1955, Section 24 - Maintenance
pendente lite - Date of payment - The normal date of payment for the
maintenance pendente lite is from the date of application - if
specific prayer is made then order maybe made either from the date of
institution of suit or first appearance made by the defendant - In
case the applicant is found guilty of protracting the proceeding,
order may be made operative from date of order.
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1989 Civil Court Cases 441 (Kerala)
KERALA HIGH COURT

Nandakumar Parrat
Vs
Sreekala Rani
Hindu Marriage Act, 1955, Section 24 - Maintenance
pendente lite disallowed on the ground that wife has sufficient
income for her support - Whether litigation expenses can be allowed?
Held -No.

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2005(3) Civil Court Cases 137 (Madras)
MADRAS HIGH COURT
Rohini
Vs
R.Durairaj
Hindu Marriage Act, 1955, Section 24 - Maintenance
pendente lite - Wife is entitled to get maintenance from her husband
only if she is unable to maintain herself - Wife having sufficient
means to maintain herself - Petition for interim maintenance rightly
dismissed by trial Court.
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2000(2) Civil Court Cases 534 (P&H)
PUNJAB & HARYANA HIGH COURT
Kuldip Kaur @ Charanjit Kaur
Vs
Karam Singh
Hindu Marriage Act, 1955, Section 24 - Maintenance
pendente lite - Rs.500/- p.m. granted as maintenance pendente lite to
the wife - Wife filed revision for enhancement of maintenance -
Husband maintaining the minor child - Wife is M.A. in Economics - It
is unbelievable that wife is not having any income whatsoever -
Presumption of reasonable conduct and capacity to earn reasonably are
equally applicable to either of the spouses to the marriage - Husband
ready to pay maintenance at the rate of Rs.1,000/- per month -
Husband to pay maintenance to wife at the rate of Rs.1000/- p.m. from
the date of filing of the revision.
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1999(3) Civil Court Cases 219 (Rajasthan)
RAJASTHAN HIGH COURT
Govind Singh
Vs
Smt.Vidya
Hindu Marriage Act, 1955, Section 24 - Maintenance
pendente lite - Spouse who voluntarily incapacitates himself from
earning is not entitled to claim maintenance from the other spouse.
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1 comment:

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