S.24 HMA | Evidence For Maintenance Pendente Lite' Can Be Led At Application Stage, Does Not Have To Wait For Proceedings In Main Case: Allahabad HC
The Allahabad High Court has held that evidence for the purpose of deciding an application under Section 24 of the Hindu Marriage Act, 1955 can be led at the stage of deciding the application itself. The decision on the application need not wait for evidence to be led in the main case.Section 24 of the Hindu Marriage Act, 1955 provides that in proceedings under the Act if it appears to the...
The Allahabad High Court has held that evidence for the purpose of deciding an application under Section 24 of the Hindu Marriage Act, 1955 can be led at the stage of deciding the application itself. The decision on the application need not wait for evidence to be led in the main case.
Section 24 of the Hindu Marriage Act, 1955 provides that in proceedings under the Act if it appears to the Court that either the wife or the husband has no separate income and needs expenses for the proceedings, the Court upon the application made by such party awards certain sums towards expenses. The income of the parties needs to be considered while awarding such expenses.
Appellant-wife challenged the order passed by the Additional Principal Judge-3, Family Court, Lucknow in the application under Section 24 of the Hindu Marriage Act. It was argued that the interim maintenance of Rs.20,000/- per month was prayed for in the application, however only Rs. 8000/- was ordered as litigation expenses and Rs. 100 was to be given on every date fixed.
It was argued that the Family Court had wrongly held that interim maintenance can only be decided after evidence is adduced as then it will be able to assess the socio-economic status of the parties.
Perusing Section 24, the Court observed that the party seeking relief under Section 24 has to give an application in writing which can be opposed in writing.
The bench comprising of Justice Rajan Roy and Justice Om Prakash Shukla held that “If any evidence was required to be adduced for the purposes of the said proceeding, it would be done at the stage of the said application and to say as has been done by the family court that it would happen only after evidence is led in the main case is an absolute misunderstanding of the legal position on the subject.”
The Court held that the heading of Section 24, “maintenance pendente lite' and expenses of proceedings” itself means that the evidence for proceedings under Section 24 ought to be led at the time of consideration of the application and cannot be deferred to a later satge.
Observing that there was some overwriting as well on the lump sum amount awarded by the Family Court, the Court set aside the order and directed the Family Court to decide afresh application under Section 24.
Case Title: Vineeta Verma v. Brajnesh Kumar 2024 LiveLaw (AB) 548 [FIRST APPEAL No. - 107 of 2024]
Case citation: 2024 LiveLaw (AB) 548