Maintenance to Wife : HC Brings out An Important Aspect

 Maintenance to Wife : HC Brings out An Important Aspect

An important Judgment was passed by Hon'ble Delhi High Court on 18 February 2008. 

According to Section 24 of Hindu Marriage Act, 1955 where in any proceeding under the Hindu Marriage 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. The proviso to S.24 says like this : "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." Section 13B of the Act deals with dissolution of marriage by a decree of divorce when parties have mutually agreed.

An interesting view on S.24 of Hindu Marriages Act, 1955 was given in Sudhir Diwan v Tripta Diwan [2008] GCtR 3025 (Delhi).

Kindly note that full text Judgments of Hon'ble Delhi High Court can be downloaded absolutely free of cost (without any charges except internet data) from the official website at the link 

https://delhihighcourt.nic.in/judgment

Then entering the date of Judgment, for example, as  18 February 2008.

Written by 

Vishal

Delhi

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