Nitesh Suryavanshi vs Kalpana Jayswal on 16 May, 2017

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W.P. No.4994/2017

W.P. No.4994/2017

16.05.2017

Shri S.P.Tripathi, learned counsel for petitioner.

Ms. Aparna Singh, learned counsel for respondent.

Petitioner is aggrieved by order dated 15.02.2017 passed

by the Family court directing the petitioner to pay Rs.4000/-

per month towards maintenance pendente lite and Rs.2000/- to

meet out the legal expenses on an application under Section 24

of Hindu Marriage Act, 1955.

The Family Court found that the petitioner earns

Rs.13000/- per month; whereas, the respondent wife is

dependant on her parents. And by discarding contention that

since the divorce suit is filed for declaration of marriage as null

and void, therefore, the petitioner is not liable to pay

maintenance pendente lite, passed impugned order.

Section 24 of 1955 Act provides that :

“24. Maintenance pendente lite and expenses of
proceedings – 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
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W.P. No.4994/2017

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:

Provided that the application for the payment
of the expenses of the proceeding and such monthly
sum during the proceeding, shall, as far as possible,
be disposed of within sixty days from the date of
service of notice on the wife or the husband, as the
case may be.”

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Thus till the relationship of man and woman subsists as

husband and wife either of them would be entiled to

maintenance subject to stipulation therein.

The impugned order when tested on the anvil of above

analysis cannot be faulted with.

Consequently, petition fails and is dismissed. No costs.

(SANJAY YADAV)
JUDGE
anand

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