Maintenance Pendente lite -
Section 24 of Hindu Marriage Act 1955 deals with Maintenance pendente lite i.e. maintenance during pendency of litigation. Provision is based on the principle that any party to marriage should not be deprived of taking any relief under the Act only because he or she has less or no means to approach the court or engage the counsel. Section 24 of the Act provides :-
"Where in any proceeding under this Act it appears to the court that either the wife or the husband, as the case may be, has no independent income sufficient for her or his support and the necessary expenses of the proceeding, it may, on the application of the wife or the husband, order the respondent to pay to the petitioner the expenses of the proceeding, and monthly during the proceeding such sum as, having regard to the petitioner's own income and the income of the respondent, it may seem to the court to be reasonable."
So once either party to marriage has initiated any proceedings under Hindu Marriage Act then during pendency of such proceedings, either party to marriage may demand maintenance and cost of proceedings from other party to the marriage and if this prayer is granted by court, then other party is bound to pay maintenance and cost as directed by court.
In P.S. Krishna Murthy v. P.S. Mahadevi, AIR 1987 A.P. 237 it was observed : A reading of the provision of Section 24 of the Act would adumbrate that the condition precedent for an application under Section 24 is that the spouse, either wife or husband has no independent income sufficient to the spouse for his or her maintenance and of necessary expenses. In determining the quantum regard should also be had to the petitioner's own income and the income of the other spouse in computation of the monthly maintenance payable by the other spouse and that matter was left to court's discretion determine the quantum on the fact and circumstances in such case.
In Jasbir Kaur Sehgal v. Dist. Judge Dehradun, AIR 1997 SC 3397 it was observed that Section 24 of the Act, no doubt talks of maintenance of wife during pendency of the proceedings, but this section cannot be read in isolation and cannot be given restricted meaning, therefore right of wife to maintenance u/s 24 of the Act would include her own maintenance as well as maintenance of her unmarried daughter living with her.
Permanent alimony and Maintenance. -
Section 25 of the Hindu Marriage Act, 1955, lays down that :
(1) Any court exercising jurisdiction under this Act may, at the time of passing any decree or at any time subsequent thereto, an application made to it for the purpose by either the wife or the husband, as the case may be, order that the respondent shall pay to the applicant for her or his maintenance and support such gross sum or such monthly or periodical sum for a term not exceeding the life of the applicant as, having regard to the respondent's income and on other property, the applicant, the conduct of the parties and other circumstances of the case, it may seem to the court to be just, and any such payment may be secured if necessary, by a charge on the immovable property of the respondent.
(2) If the court is satisfied that there is a change in the circumstances of either party at any time after it has made an order under sub-section (1), it may, at the instance of either party, vary, modify or rescind any such order in such manner as the court may deem just.
(3) If the court is satisfied that the party in whose favour an order has been made under this section has remarried, or if such party is the wife that she has not remained chaste, or if such party is the husband that he has had sexual intercourse with any woman outside wedlock, it may at the instance of the other party vary, modify or rescind any such order in such manner as the court may deem just.
Shama Sinha
Advocate
Shama Sinha
Advocate
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