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Search Results Judgments > Act:HINDU MARRIAGE ACT, 1955 Section 24 Court:Orissa

Sep 22 1993

Chandramani Singh Vs. Premalata Mohanty

  • Decided on : 22-Sep-1993

Court : Orissa

Reported in : 1993(II)OLR553

... 1. This is an appeal purported to be under Sec, 19 of the family Courts Act- 1984 (for short 'the Act').2. Appellant initiated a proceeding against opp. party in the Court of Subordinate Judge, Jagatsinghpur under Sac. 13 of the Hindu Marriage Act, 1955. In an application under Sec 19 of the Hindu Marriage Act, interim maintenance at the rate of Rs. 300 ... Under Section 24 of the Hindu Marriage Act would he maintainable, it should not be an interlocutory order. It is to be established, no appeal ties against an order Under Section 24 of the Hindu Marriage Act. Anomaly in giving right of appeal against order under Chapter IX, CrPC was removed by amending Section 19. If order Under Section 24 of the Hindu Marriage Act would ... under Sac. 13 of the Hindu Marriage Act, 1955. In an application under Sec 19 of the Hindu Marriage Act, interim maintenance at the rate of Rs. 300/- per month and litigation expenses of Rs. 100/- was granted. On constitution of Family Court, the proceeding stood transferred to the said Court Under Section 8(c) of the Act. While appellant continued to ... Act').2. Appellant initiated a proceeding against opp. party in the Court of Subordinate Judge, Jagatsinghpur under Sac. 13 of the Hindu Marriage Act, 1955. In an application under Sec 19 of the Hindu Marriage Act, interim maintenance at the rate of Rs. 300/- per month and litigation expenses of Rs. 100/- was granted. On constitution of Family Court, the proceeding stood transferred to the said Court Under Section ...

Oct 28 1999

Smt. Binodini Majhi Vs. Ram Das Majhi

  • Decided on : 28-Oct-1999

Court : Orissa

Reported in : 89(2000)CLT523; 1999(II)OLR655

... Act was not maintainable. The opposite party also challenged the maintainability of the application Under Section 24 of the Hindu Marriage Act on the very same ground and resisted the prayer for interim maintenance.2. The trial Court rejected the application only on the ground that the parties being members of Scheduled Tribe were not governed by Hindu Marriage Act and as such, provision of Section 24 of the Hindu Marriage Act ... Section 24 of the Hindu Marriage Act was filed claiming maintenance pendente lite.The opposite party in written statement challenged the maintainability of the suit on the ground that the parties being members of Scheduled Tribe, the suit Under Section 18 of the Hindu Adoptions and Maintenance Act was not maintainable. The opposite party also challenged the maintainability of the application Under Section 24 of the Hindu Marriage Act ... Hindu Adoptions and Maintenance Act was not maintainable. The opposite party also challenged the maintainability of the application Under Section 24 of the Hindu Marriage Act on the very same ground and resisted the prayer for interim maintenance.2. The trial Court rejected the application only on the ground that the parties being members of Scheduled Tribe were not governed by Hindu Marriage Act and as such, provision of Section 24 ...

Mar 25 2009

Smt. Kalpana Das and Ors. Vs. Sarat Kumar Das

  • Decided on : 25-Mar-2009

Court : Orissa

Reported in : AIR2009Ori133; 108(2009)CLT139

... Misc. Case No. 104 of 2006 under Section 24 of the Hindu Marriage Act, 1955 (in short 'the Act').That application was filed in C.P. No. 310 of 2006. Petitioner No. 1 filed that C.P. for restitution of conjugal rights. Together with petition under Section 9 of the Act she filed the application under Section 24 of the Act. The Respondent-Opposite Party entered appearance in ... Section 24 of the Act.9. In this case, Petitioners claim their destitute condition and also claim for interim maintenance during the proceeding under Section 9 of the Hindu Marriage Act and Respondent entered appearance in the proceeding on 08.12.2006. The lower Court record reveals that Respondent did not seek for any adjournment for hearing and disposal of the proceeding under Section 24 of the Hindu Marriage Act ... from what point of time is the maintenance payable. Section 24 does not contain any limiting provision. No fetters have been imposed on the discretion of the Court. What should be the date from which maintenance is payable where the applicant is the Petitioner in the substantive petition under the Hindu Marriage Act and when he or she is the Respondent? ... of Section 24 of the Act and accordingly the order for such maintenance was refused.4. In course of submissions Dr. Das, Learned Counsel for the Petitioner relies on the case of Jasbir Kaur Sehgal v. District Judge, Dehradun reported in : AIR 1997 SC 3397 in which Hon'ble Apex Court has propounded that;Under the Hindu Adoptions and Maintenance Act, ...

May 05 1998

Swarna Prava Tripathy and Anr. Vs. Dibyasingha Tripathy and Anr.

  • Decided on : 05-May-1998

Court : Orissa

Reported in : AIR1998Ori173; 86(1998)CLT368; I(1999)DMC316; 1998(II)OLR1

... Section 19 of the Family Courts Act, 1984 (in short, the 'Act') against an order of interim maintenance in terms of Sections 24 and 25 of Hindu Marriage Act, 1955 (in short, 'Marriage Act'), a reference has been made by another Division Bench for adjudicating the following question :'Whether an order granting interim maintenance pendente lite is appealable under Section 19 of the Family Courts Act ... in sub-section (5) of Section 19 of the Act. 1984.14. Section 24 of the Hindu Marriage Act, 195.5 (in short, 'Act 1955') gives jurisdiction to the Court to pass order for pendente lite maintenance and litigation expenses, in appropriate case, on application being made by a party to the proceeding. Sub-section (1) of Section 28 of the Act ... Section 19 of the Act. 1984.14. Section 24 of the Hindu Marriage Act, 195.5 (in short, 'Act 1955') gives jurisdiction to the Court to pass order for pendente lite maintenance and litigation expenses, in appropriate case, on application being made by a party to the proceeding. Sub-section (1) of Section 28 of the Act provides that all decrees passed in any proceeding under that law are appealable. However, sub-section ... factors make the principle inapplicable. Firstly, the direction by the Civil Court is not a final determination under the Hindu Adoptions and Maintenance Act but an order pendente lite, under Section 24 of the Hindu Marriage Act to pay the expenses of the proceeding, and monthly during the proceeding such sum as, having regard to the ...

Dec 21 1990

Bhakta Charan Mallik Vs. Nataorar Mallik and Ors.

  • Decided on : 21-Dec-1990

Court : Orissa

Reported in : AIR1991Ori319

... Section 24 of the Hindu Marriage Act, 1955 as an order under Section 24 of the Hindu Marriage Act is interlocutory in the sense that it arises out of a divorce proceeding. His Lordship has observed :--'Even assuming that Section 141, Civil Procedure Code, has no application to interlocutory proceedings in a suit, the Court can issue interrogatories under Section 151, Civil Procedure Code. In respect of matter arising under Section 24 of the Act ... Court, while deciding a question within jurisdiction acted in the exercise of it with material irregularity (see AIR 1949 PC 156, N.S. Venkatagiri Ayyangar v. The Hindu Religious Endowments Board, Madras; AIR 1959 SC 492, Chaube Jagdish Prasad v. Ganga Prasad Chaturvedi and ILR (1964) Cuttack 958 (supra)). Therefore under Section 115, C.P.C. it is ... ( Tata Iron & Steel Co. Ltd. v. Rajarishi Exports (P) Ltd.) his Lordship has observed (at page 181):'........The revisional power of this Court iscircumscribed by the provisions of Section 115, C.P.C. It is well settled that the special and extraordinary revisional jurisdiction of thisCourt is exercised only to promote justice, and that power should ... shall be deemed to limit or otherwise affect the inherent power of the Court to make orders necessary for the ends of justice. The Court can, therefore, under Section 151, permit interrogatories being served to shorten the prolonged course of interlocutory proceedings. 8. It would now be pertinent to examine the scope of Order 11, Civil Procedure ...

Dec 02 2008

Upendra Chandra Patnaik Vs. Soubhagini Mohnty

  • Decided on : 02-Dec-2008

Court : Orissa

Reported in : 107(2009)CLT56; 2009(I)OLR428

... Rs. 300.00 per month. The decrees of the Courts below reveal that while granting divorce under Section 13 of the Hindu Marriage Act, liberty was granted to Soubhagini to sue for maintenance separately.18. A reading of Section 24 of the Hindu Marriage Act, 1955 reveals that the said Section does not provide any limitation. Thus no fetter has been imposed on the discretion of Court to award ... there is no dispute with regard to marriage between the Appellant and Respondent and their leading a blissful married life initially, whereafter the Appellant drove the Respondent out of his house on demand of dowry followed by torture. Fact remains, the suit for divorce filed by the Respondent under Section 13 of the Hindu Marriage Act had been decreed. The said decree ... yielding no result, ultimately in the year 1983 Soubhagini filed Title Suit No. 209/83 before the then Subordinate Judge (now Civil Judge, Senior Division), Bhubaneswar under Section 13 of the Hindu Marriage Act seeking divorce. During pendency of the suit though the said Court had directed payment of interim maintenance of Rs. 300.00 to Soubhagini, ultimately the suit was ... however did not pass any decree for maintenance and made an observation that it would be open to wife Soubhagini to file a separate suit for that under Section 25 of the Hindu Marriage Act. Soubhagini thereafter filed aforesaid Title Suit No. 318 of 1994 seeking a decree for maintenance from Upendra, both regular and arrears. In the plaint she averred ...

Oct 23 1986

Somanath Jena Vs. Smt. Sabitri Jena and Anr.

  • Decided on : 23-Oct-1986

Court : Orissa

Reported in : AIR1987Ori251

... -petitioner. The same having been allowed the Misc. Appeal has been filed.3. The learned counsel for the petitioner submitted that Section 24 of the Hindu Marriage Act is not applicable to a suit for maintenance under the Hindu Adoptions and Maintenance Act by the wife for maintenance. The contention is well-founded in law.However, the same would be of no assistance to the ... can be granted in exercise of inherent power. Wrong nomenclature by mentioning the petition to be one under Section 24 of the Hindu Marriage Act would not defeat the relief to the wife and Court is not deprived of the exercise of inherent power under Section 151.C.P.C. 4. There is no dispute that the plaintiff is the wife of the defendant. ... . During the pendency of the suit for maintenance, the wife (plaintiff) filed an application for interim maintenance as well as for litigation expenses purporting to be one under Section 24 of the Hindu Marriage Act. Trial Court considered the application and granted Rs. 120/- per month towards maintenance and Rs. 30/- per month towards litigation expenses. For recovery of the said amount an ... of granting litigation expenses of Rs. 30/- per month would stand on a completely different footing. Normally inherent power is not to be exercised to grant litigation expenses. Section 24 of the Hindu Marriage Act is not attracted. Therefore, that part of the order granting Rs. 30/- per month towards litigation expenses is liable to be vacated. Therefore, the impugned order is bad ...

Nov 17 1976

Ramchandra Behera and Ors. Vs. Smt. Snehalata Dei

  • Decided on : 17-Nov-1976

Court : Orissa

Reported in : AIR1977Ori96

... under Hindu Marriage Act and Section 24 of that Act as such has no application to her petition for maintenance.5. Mr. Mohanty maintained that an application for alimony could be made under Section 25 of the Hindu Marriage Act even after a decree for divorce and placed reliance on Section 25 of the Hindu Marriage Act to support his stand. Section 25(1) provides;--'Any Court exercising jurisdiction under this Act may ... court has no power unless statute expressly confers such a power on it. For example a power to award maintenance pendente lite is expressly conferred by Section 24 of the Hindu Marriage Act. The Hindu Adoptions and Maintenance Act does not contain a similar provision. Ray and Mukherjea, JJ. (AIR 1968 Cal 567) expressed the same view as Datta, J., on appeal. They also ... Appeal would completely meet the situation.3. In appeal, it is contended that the learned Subordinate Judge had no jurisdiction to make an order, of maintenance because Section 24 of the Hindu Marriage Act had no application to the matter and until the decree for divorce was vacated, plaintiff was not entitled to any maintenance and the court had no jurisdiction ... the Andhra Pradesh High Court in the case of G. Appanna v. G. Seethamma, AIR 1972 Andh Pra 62. Mr. Mohanty for the plaintiff-respondent concedes that Section 24 of the Hindu Marriage Act has no application, but contends that the court had enough jurisdiction to make an order for interim maintenance and since the order has been made in exercise ...

Sep 17 1993

Ghasiram Das Vs. Srimati Arundhati Das and Anr.

  • Decided on : 17-Sep-1993

Court : Orissa

Reported in : AIR1994Ori15; I(1994)DMC578

... suit for non-compliance of the order passed Under Section 24 of the Hindu Marriage Act. 4. The learned Counsel appearing for the appellant vehemently argued that Section 28A of the Hindu Marriage Act provides for enforcement of decrees and orders. By virtue of the said provision all decrees and orders made by the Court in any proceeding under this Act shall be enforced in the like manner as ... court cannot enforce the order in the same proceeding as has been done by the learned trial Court. Section 24 of the Hindu Marriage Act empowers the matrimonial court to make an order for interim maintenance to be paid and also the litigation expenses. The purpose of the Section is to enable the indigent spouse himself/ herself to offer financial help to fight out the ... for non-prosecution by the plaintiff. Thereafter the plaintiff has filed the present suit on 6-11-68 and in the suit the defendant filed an application Under Section 24 of the Hindu Marriage Act praying for interim maintenance and litigation expenses. By order dt. 18-12-70 the trial Court directed for payment of Rs. 100/-as litigation expenses rejecting the prayer ... This case exemplifies that justice delayed is justice denied. This appeal-arises out of a suit filed by the present appellant praying for restitution of conjugal rights Under Section 9 of the Hindu Marriage Act. The suit was instituted on 16-11-68 and the dispute is still pending in this appeal. At the institution of the suit the plaintiff-husband is described ...

Feb 27 1989

Khadal Penthi Vs. Hulash Dei and Anr.

  • Decided on : 27-Feb-1989

Court : Orissa

Reported in : AIR1989Ori137; 67(1989)CLT767

... Hindu Marriage Act, 1955. This being a suit of civil nature, the Civil Court has jurisdiction to entertain and try the suit under Section 9 of the Civil P.C. The prayer for interim maintenance cannot be one under Section 24 of the Hindu Marriage Act which provides for grant of pendente lite maintenance and expenses of the proceeding. No suit is contemplated under Section 18 of the Hindu Adoptions and Maintenance Act ... Section 9 of the Civil P.C. The prayer for interim maintenance cannot be one under Section 24 of the Hindu Marriage Act which provides for grant of pendente lite maintenance and expenses of the proceeding. No suit is contemplated under Section 18 of the Hindu Adoptions and Maintenance Act as the said section merely declares that a Hindu wife whether married before or after the commencement of the said Act ... learned counsel appearing for the wife, who was the plaintiff No. 1 in that suit, that the suit as framed was not one under the Hindu Marriage Act and Section 24 of the that Act had no application to her petition for maintenance. The Division Bench proceeded on the basis that the decrees of judicial separation and divorce are ... learned Subordinate Judge had no jurisdiction to make an order allowing interim maintenance because Section 24 of the Hindu Marriage Act in which specific provision in that behalf has been provided, has no application to the suit as it was not a proceeding under the said Act. It was further urged in the said appeal that until the decree for ...

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