Skip to content


Options Dock ▼

Judgment Search Results Home > Search Phrase: hindu marriage act 1955 section 24 Court: supreme Page 1 of about 47,892 results (0.173 seconds)

Oct 23 2002 (SC)

Amarjit Kaur Vs. Harbhajan Singh and anr.

Court : Supreme Court of India

Reported in : 2003(1)AWC344(SC); (2003)2CALLT23(SC); I(2006)DMC27SC; JT2002(9)SC440; (2006)142PLR385; (2003)10SCC228; 2003(2)WLN671

..... grounds of alleged adultery and cruelty. the said petition is still pending for trial and final disposal. pending the said petition, the appellant herein filed an application under section 24 of the hindu marriage act, 1955 claiming maintenance for a sum of rs. 3000/- per month for herself and rs. 1000/- each for minor children residing with her. there is no dispute over ..... no relevance, at the stage of granting interim or pendente lite maintenance and that the consideration in this regard has to be confined to the criteria specified in section 24 of the hindu marriage act, 1955. it was also pointed out that imposition of a condition which will operate as a disfeasance clause, to deprive the very maintenance order to be paid, particularly ..... under article 136 of the constitution of india. 7. we have carefully considered the submissions of learned counsel appearing on either side. 8. section 24 of the hindu marriage act, 1955 empowers the court in any proceeding under the act, if it appears to the court that either the wife or the husband, as the case may be, has no independent income sufficient for ..... awarding interim maintenance, as long as the marriage, the dissolution of which has been sought, cannot be disputed, and the marital relationship of husband and wife subsisted. as noticed earlier, the relevant statutory consideration being only that either of the party, who was the petitioner in the application under section 24 of the act, has no independent income sufficient for her .....

Tag this Judgment!

Nov 04 2008 (SC)

Rajesh Burmann Vs. Mitul Chatterjee (Burman)

Court : Supreme Court of India

Reported in : AIR2009SC651; 2009(4)BomCR455; II(2009)DMC830SC; (2009)1GLR783(SC); [2009(1)JCR133(SC)]; (2009)153PLR533; (2009)1SCC398:2008AIRSCW7830:2008(6)LHSC4337

..... some of the decisions cited before them. in pradeep kumar kapoor v. ms. shailja kapoor : air1989delhi10 , the high court of delhi interpreted `maintenance' and `support' under section 24 of the hindu marriage act, 1955 and observed; under section 24 of the act, the court has to see if the applicant who may either be wife or husband has no independent income sufficient for her or his support and the ..... section can be given the same meaning attributed to the word `maintenance' as defined in section 3 of the hindu adoptions and maintenance act, 1956 which would include provisions for food, clothing, residence, education, medical attendance and ..... of maintenance. it was held that the inclusive definition of the `maintenance' under the act would include food, clothing, residence, education, medical attendance and treatment.28. in r. suresh v. smt. chandra : ilr2003kar1638 , a similar question arose before the high court of karnataka. construing the word `support' in section 24 of the hindu marriage act, 1955, the court held that the word `support' occurring in the said .....

Tag this Judgment!

Aug 27 1997 (SC)

Smt. Jasbir Kaur Sehgal Vs. District Judge, Dehradun and Others

Court : Supreme Court of India

Reported in : AIR1997SC3397; 1997(5)ALT25(SC); 1997(2)BLJR1711; II(1997)DMC338SC; JT1997(7)SC531; (1998)IMLJ28(SC); 1997(II)OLR(SC)379; (1998)119PLR515; RLW1998(1)SC105; 1997(5)SCALE579;

..... dated october 14, 1996 of the high court of judicature at allahabad. she is aggrieved by the impugned judgment under which she was awarded maintenance pendente lite under section 24 of the hindu marriage act, 1955 (for short 'the act') at the rate of rs. 1500/- per month. on an application filed by the wife in the trial court in proceeding for divorce initiated by her husband ..... respondent in the petition; the date of filing of the application under section 24 of the act; conduct of the parties in the proceedings; averments made in the application and the reply thereto the tendency of the wife to inflate the income out of all proportion ..... it is not always that the court has to grant the maintenance from that date. the court has discretion in the matter as to from which date maintenance under section 24 of the act should be granted. the discretion of the court would depend upon multiple circumstances which are to be kept in view. these could be the time taken to serve the ..... hindu adoptions & maintenance act, 1956 it is the obligation of a person to maintain his unmarried daughter if she is unable to maintain herself. in this case since the wife has no income of her own, it is the obligation of the husband to maintain her and her two unmarried daughters one of whom is living with wife and one with him. section 24 .....

Tag this Judgment!

Mar 23 2009 (SC)

Anu Kaul Vs. Rajeev Kaul

Court : Supreme Court of India

Reported in : 2009(2)AWC1732(SC); 2009(3)BomCR767; JT2009(4)SC197; 2009(4)SCALE373; (2009)13SCC209

..... by the judgment and decree passed by addl. district judge (ad-hoc), fast track court no. 3, faridabad, dated 04.06.2005, the appellant herein had filed an application under section 24 of hindu marriage act, 1955, for the grant of interim maintenance of rs. 10,000/- (rupees ten thousand only) and the litigation expense of rs. 22,000/- (rupees twenty two thousand only). the application ..... the parties and birth of the female child karmistha kaul is not in dispute. the assertion of the appellant in the application filed under section 24 of hindu marriage act, 1955 that the respondent is working as a senior head of mukund steel ltd., having its head office at mumbai and drawing a salary of rs. 40,000/- per month and .....

Tag this Judgment!

Apr 21 1997 (SC)

Chigurupati Bambasiva Rao Vs. Chigurupati Vijayalaxmi

Court : Supreme Court of India

Reported in : JT1999(4)SC648; (1997)11SCC84

order1. leave granted.2. the impugned order was passed by the high court in its first appellate jurisdiction. pending appeal the husband-petitioner was subjected to an interim order under section 24 of the hindu marriage act, 1955.directing him to pay maintenance pendente lite at the rate of rs. 500 per mensem to the wife -respondent and rs. 250 per month to each of the minor daughters. the appeal was dismissed whereby claim for a decree of divorce on the ground of desertion was declined. the order of maintenance was ordered to continue even thereafter. now, a challenge herein is made as to the continuation of the said order beyond the date of dismissal of the appeal. we do not intend to go into the legalistics of the controversy but having regard to the fact that the claim of the wife and the children respecting maintenance is valid otherwise against the husband under section 125 cr.p.c, we pass this order to do complete justice between the contestants inasmuch as ordering that the said amount shall be taken to have been awarded as maintenance under section 125 cr.p.c both to the wife as well as to the children, for those sums are well within the confines of the aforesaid provision. the appeal, thus stands disposed of on these terms.

Tag this Judgment!

Sep 04 2014 (SC)

V.K.Vasantha Kumari Vs. R Sudhakar

Court : Supreme Court of India

..... interlocutory applications came to be filed by various parties. it may not be necessary and profitable to describe all the proceedings.8. the appellant moved an interlocutory application under section 24 of the hindu marriage act, 1955 for grant of interim maintenance in the divorce original petition filed by the husband. the said interlocutory application no.3475 of 2004 was dismissed by the family court on ..... and m.p. no.1 of 2010 and m.p. no.1 of 2011 in the above mentioned cmas.3. the appellant and the respondent were wife and husband. their marriage took place in 1986. it is an unfortunate case where the relationship between the appellant and respondent ran into trouble. there are three grown up children out of the said ..... to meet the expenses. for getting rs.40,000/- per month as return she may have to invest rs.40,00,000/-. the family court awarded a sum of rs.24,00,000/- as permanent alimony. considering the present cost of living, we are of the considered view that the permanent alimony awarded by the iind additional family court, chennai is ..... per month. the said interlocutory application came to be disposed of by an order dated 3.11.2009 by the iind additional family court, chennai granting an amount of rs.24 lakhs as permanent alimony.10. aggrieved by the said order, the respondent husband herein carried the matter in appeal (by cma no.543 of 2010) to the high court. not .....

Tag this Judgment!

Nov 19 2014 (SC)

Jaiminiben Hirenbhai Vyas and anr. Vs. Hirenbhai Rameshchandra Vyas an ...

Court : Supreme Court of India

..... of criminal procedure, 1973 (hereinafter referred to as the cr.p.c. ). interim maintenance was also ordered under section 24 of the hindu marriage act, 1955 (hereinafter referred to as the h.m. act ) @ 3,000/- per month payable to both. eventually, the family court disposed the maintenance proceedings finally by the ..... marriage. there was no evidence of her income during the period the parties lived as man and wife. we, therefore reverse the order of the high court in this regard and direct that the respondent shall pay the amount of maintenance found payable from the date of the application for maintenance. as far as maintenance granted under section 24 of the h.m. act ..... denied maintenance. this view did not find favour with the high court, which noted that the appellant had stopped working after her marriage and had given birth to two children. she had been only looking after the family and had therefore stopped working. the high ..... granted maintenance. the main ground for denying maintenance to the appellant was that she was found to have been working before her marriage and the family court was of the view that she could earn her living even now after the separation and therefore she was ..... sufficient means: provided further that the magistrate may, during the pendency of the proceeding regarding monthly allowance for the maintenance under this sub- section, order such person to make a monthly allowance for the interim maintenance of his wife or such child, father or mother, and the .....

Tag this Judgment!

Nov 19 2014 (SC)

Jaiminiben Hirenbhai Vyas and anr. Vs. Hirenbhai Rameshchandra Vyas an ...

Court : Supreme Court of India

..... of criminal procedure, 1973 (hereinafter referred to as the cr.p.c. ). interim maintenance was also ordered under section 24 of the hindu marriage act, 1955 (hereinafter referred to as the h.m. act ) @ 3,000/- per month payable to both. eventually, the family court disposed the maintenance proceedings finally by the ..... marriage. there was no evidence of her income during the period the parties lived as man and wife. we, therefore reverse the order of the high court in this regard and direct that the respondent shall pay the amount of maintenance found payable from the date of the application for maintenance. as far as maintenance granted under section 24 of the h.m. act ..... denied maintenance. this view did not find favour with the high court, which noted that the appellant had stopped working after her marriage and had given birth to two children. she had been only looking after the family and had therefore stopped working. the high ..... granted maintenance. the main ground for denying maintenance to the appellant was that she was found to have been working before her marriage and the family court was of the view that she could earn her living even now after the separation and therefore she was ..... sufficient means: provided further that the magistrate may, during the pendency of the proceeding regarding monthly allowance for the maintenance under this sub- section, order such person to make a monthly allowance for the interim maintenance of his wife or such child, father or mother, and the .....

Tag this Judgment!

Sep 26 2008 (SC)

Durgesh Sharma Vs. Jayshree

Court : Supreme Court of India

Reported in : 2008(4)AWC4160(SC); 2008(5)CTC444; II(2008)DMC675SC; 2008(4)KLT169(SC); 2009(1)MhLj66; (2008)8MLJ944(SC); 2008(13)SCALE54; (2008)9SCC648

..... and held that a transfer petition under section 25 of the code would be maintainable irrespective of the provisions of sections 21 and 21a of the hindu marriage act which did not exclude the jurisdiction ..... . there are, however, judicial pronouncements by some high courts.60. in priyavari mehta v. priyanath mehta : air1980bom337 , a-wife filed a matrimonial petition under section 13 of the hindu marriage act, 1955 against b-husband in the court of civil judge at mussoorie (dehradun) for divorce on the ground of cruelty. b appeared in response to the summons and ..... hindu marriage act, 1955 against a in rajasthan court. a filed a transfer petition under section 25 of the code in this court (supreme court) for transfer of b's suit from rajasthan to andhra pradesh.69. this court considered the provisions of sections 24 and 25 of the code prior to and after the amendment act of 1976 and also sections 21 and 21a of the hindu marriage act, 1955 ..... respondent-wife did not return matrimonial home, the appellant-husband instituted a petition under section 13 of the hindu marriage act, 1955 (hereinafter referred to as `the act') on october 27, 2004 in the family court at ujjain which was registered as hmahmahma petition no. 164a of 2004 for dissolution of marriage on the grounds of (i) desertion; and (ii) cruelty. the appellant .....

Tag this Judgment!

Jan 19 2009 (SC)

Sipra Bhattacharyya Vs. Dr. Apares Bhattacharyya

Court : Supreme Court of India

Reported in : 2009AIRSCW1932; 2009(2)AWC1818(SC); 2009(5)BomCR443; 2009(3)MPHT184; 2009(1)SCALE662; (2009)4SCC366; 2009(2)SCC(Cri)296; 2009(3)KCCRSN103.

..... source of income, having been left entirely on her own to fend herself, had to file an application under section 24 of the hindu marriage act (in short, 'the act') seeking alimony pendente lite.4. by an order dated 30th of may, 2003, the application under section 24 of the act was partly allowed and the appellant was awarded by the trial court a sum of rs. 4000/- per ..... the following manner:(1) the wife/appellant shall be entitled to rs. 7000/- per month instead of rs. 4000/- per month from the date of filing the application under section 24 of the act.(2) the arrears of maintenance i.e. difference of rs. 3000/- per month i.e. from rs. 4000/- to rs. 7000/- would be paid/deposited by the husband/respondent ..... parties. in our view, the high court was not justified in passing the impugned order in the manner it has done. it is not disputed that the application under section 24 of the act was partly allowed by the trial court in the year 2003 i.e. at least five years back. she has already filed an application before the trial court for .....

Tag this Judgment!

Save Judgments// Add Notes // Store Search Result sets // Organizer Client Files //