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Judgment Search Results Home > Cases Phrase: hindu marriage act 1955 section 24 maintenance pendente lite and expenses of proceedings Page 1 of about 516 results (0.142 seconds)

Mar 20 1992 (HC)

Vinod Kimar Kejriwal Vs. Usha Vinod Kejriwal

Court : Mumbai

Reported in : AIR1993Bom160; 1992(2)BomCR648; I(1993)DMC32

..... no provision in the hindu adoptions and maintenance act for granting maintenance pendente lite and expenses of proceedings as provided for in section 24 of the hindu marriage act 1955. hence, i do not find anything in the scheme of the provisions of section 24 of the hindu marriage act which is inconsistent with the provisions of the hindu adoptions and maintenance act so as to attract the bar of clause (b) of section 4 of the hindu adoptions and maintenance act. undoubtedly, if there were ..... order, under s. 24 of the hindu marriage act, 1955. the petitioner-husband seeks to challenge the order dated 30th august 1989 passed by the civil civil court, bombay, in notice of motion no. 6849 of 1987 for maintenance pendente lite and expenses of proceedings in accordance with the provisions of s. 24 of the hindu marriage act. section 24 of the said act reads asunder:--'24. maintenance pendente lite and expenses of proceedings :--where in any proceeding under this act it appears to the ..... under order 9, rule 4 of the code of civil procedure, 1908, for restoration of the petition filed by the husband for divorce, the wife can initiate proceedings under section 24 of the hindu marriage act. 1955, for maintenance pendente lite and expenses of proceedings; (ii). the husband cannot be allowed to withdraw his application for restoration under order 9, rule 4 of the code of civil procedure so as to defeat .....

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Mar 19 1958 (HC)

Mukan Kunwar Vs. Ajeetchand

Court : Rajasthan

Reported in : AIR1958Raj322

..... first appeal purporting to be against an order of the learned district judge, jodhpur, refusing to grant maintenance pendente lite and expenses of proceedings to the applicant under section 24 of the hindu marriage act, 1955. it was treated as a revision on the application of the applicant since an order passed under section 24 of the hindu marriage act, 1955, is not an appealable order. the application has been contested on behalf of the respondent.2 ..... by the learned district judge was within his jurisdiction and there can he no interference with the exercise of his discretion under section 115, c. p. c.3. section 24 of the hindu marriage act, 1955, runs as follows :'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 ..... wedded wife of ajeetchand, who filed a petition against her under section 12 of the hindu marriage act, 1955, for the annulment of their marriage on the ground that the wife was impotent at the time of marriage and continued to be so until the institution of the proceeding. the applicant filed an application under section 24 for maintenance pendente lite & expenses of proceedings. the learned district judge found that the applicant had no independent .....

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Jan 19 2005 (HC)

Pampa Das Vs. Sanjib Das

Court : Kolkata

Reported in : AIR2005Cal266,(2005)2CALLT72(HC),2005(2)CHN17,II(2005)DMC254

..... entitled to maintenance under section 24 of the hindu marriage act, 1955.3. the moot point involved in this application is that whether for the purpose of awarding maintenance pendente lite and expenses of the proceedings the conduct of the applicant is relevant?4. in order to appreciate the aforesaid point it is necessary to recapitulate the provisions of sections 24 and 25 of the hindu marriage act, 1955.'section 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 the petitioner the expenses of the proceeding .....

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Jun 08 2005 (HC)

Debnarayan Halder Vs. Anushree Halder

Court : Kolkata

Reported in : AIR2005Cal251,2005(3)CHN575

..... child by the learned magistrate. therefore the said order of the supreme court cannot have any impact whatsoever on the provisions of section 24 of the hindu marriage act, 1955 which read as under :'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 ease 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, ..... above, it cannot be said on the findings and observations made by the supreme court and upon reading of the provisions of section 24 of the hindu marriage act, 1955 that the wife would not be entitled to an alimony pendente lite on her application at this stage during the pendency of this appeal in this court. the feeble argument advanced on behalf of ..... cannot be construed as an estoppel and waiver of the right by the non-earning spouse to claim such alimony pendente lite at any subsequent stage of the proceeding. the above section 24 of the hindu marriage act makes it clear that such alimony pendente lite would be payable from the date of making of the application and not from any date earlier to that. .....

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Mar 22 2013 (HC)

Ramesh Vs. Ambigeswari

Court : Chennai

..... of fact, section 24 of the act is enjoined of the provisions of section 25 of the hindu marriage act (permanent alimony and maintenance) or the provisions of the hindu adoptions and maintenance act, 1956 or section 125 of the criminal procedure code. also ..... escape from the same, the revision petitioner/husband has filed i.a. no.10 of 2010 seeking interim maintenance and litigation expenses as stated supra. 6.. it is to be borne in mind that an application praying for maintenance pendente lite and expenses of proceedings filed under section 24 of the hindu marriage act, 1955 is to be disposed of/decided by means of affidavits filed by the parties concerned. as a matter ..... that, when the respondent/wife is in employment, the petitioner/husband cannot make himself only dependant on her income by filing an application under section 24 of the hindu marriage act, 1955, especially in the absence of any handicap or fetter to earn. the words "expenses of proceedings" occurring in section 24 of the hindu marriage act will .....

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Dec 16 1997 (HC)

Atul Sashikant Mude Vs. Niranjana Atul Mude

Court : Mumbai

Reported in : AIR1998Bom264; 1998(1)ALLMR587; 1998(4)BomCR83; II(1998)DMC271; 1998(1)MhLj618

..... with the provisions of the hindu adoptions and maintenance act so as to attract the bar of clause (b) of section 4 of the hindu adoptions and maintenance act. the learned judge found ..... no inconsistency between the provisions of section 24 ..... the provisions of section 18 of the hindu adoptions and maintenance act. while considering the aforesaid submission in para 29 of the aforesaid judgement, the learned judge held that there is no provision in the act for granting maintenance pendente lite and expenses of proceedings as provided for in section 24 of the hindu marriage act, 1955 and, therefore, he did not find anything in the scheme of the provisions of section 24 of the hindu marriage act which is inconsistent .....

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Aug 30 1995 (HC)

Vinod Kumar Vs. Smt. Kaushalya

Court : Rajasthan

Reported in : I(1996)DMC603; 1996(2)WLC512

..... counsel for the revisionist is placing reliance on the case of sachindra nath biswas (supra) which has no bearing on the merit of the interpretation of section 24 of the hindu marriage act, 1955 which provides about maintenance pendente lite and expenses of proceedings during the pendency of the suit.12. in my considered opinion simply because a suit for divorce is filed on the allegations of adultery the wife will ..... ground of adultery then wife will not be entitled to get permanent alimony and maintenance under section 25 of the hindu marriage act because adultery alleged against her is proved. but at the stage of the proceeding under section 24 of the hindu marriage act, 1955 adultery is only ..... not be deprived off her right to get maintenance pendente lite and expenses of proceeding to defend herself. it is true that if suit for divorce is decreed after trial on the .....

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Jun 09 1958 (HC)

Smt. Sobhana Sen Vs. Amar Kanta Sen

Court : Kolkata

Reported in : AIR1959Cal455

..... gupta, j. 1. this appeal is against an order made by the district judge, 24-parganas on an application by tile wife for maintenance pendente lite and expenses of proceedings, under section 24 of the hindu marriage act, 1955. the husband started the proceedings under the hindu marriage act and prayed for a decree of divorce. in the application under section 24 of the act, the wife, who is the appellant before us made a prayer for a sum ..... of rs. 3000 'or such other bum as the court may think reasonable and sufficient'' for the expenses of this ..... suit and rs. 650/-per month for her maintenance .....

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Dec 12 2003 (HC)

Ramavtar Verma Vs. Smt. Chintamani Verma and ors.

Court : Madhya Pradesh

Reported in : AIR2004MP137; II(2004)DMC398; 2004(2)MPHT132; 2004(2)MPLJ87

..... judge, mhow, in civil suit no. 17/2002 (smt. chintamani v. ramavtar verma) has allowed an application under section 24 of the hindu marriage act, 1955 ('act' for short), for maintenance pendente lite and expenses for proceedings. smt. chintamani (n.a. no. 1) had applied lor restitution of conjugal rights under section 9 of the act. the question to be decided is whether a revision against such order is maintainable in view of amended ..... proviso to section 115 of the code of civil procedure ('code' for short) as inserted by code of civil procedure (amendment) act, 1999 ..... petitioner would have finally disposed of the suit or proceedings'. it is noteworthy that the order granting maintenance pendente lite and expenses of proceedings is short lived, which is co-terminus with the matrimonial proceedings. right to get maintenance pendente lite or litigation expenses, arises from the start of proceedings and ends with the proceeding, under the act. such order does not survive after the proceeding terminates. it is true that a revision in hiramani .....

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Sep 20 1968 (HC)

Govind Ram Vs. Smt. Lila Devi and anr.

Court : Rajasthan

Reported in : AIR1969Raj253; 1968()WLN56

..... . 1. he brought a suit for divorce against her on the ground of adultery. during the pendency of the suit respondent no. 1 claimed maintenance pendente lite and expenses of proceedings under section 24 of the hindu marriage act, 1955. the evidence of the respondent was first recorded and 26-11-66 was fixed for recording the evidence of the petitioner. on that date the ..... as decrees are appealable under the civil procedure code. the difficulty arises in the case of orders made under the act under sections 24, 25 and 26. section 24 provides for the grant of maintenance pendente lite and expenses of proceedings, section 25 for grant of permanent alimony and maintenance and section 26 for the custody of children. it seems to me that the legislature intended that orders under ..... these sections should be appealable although the language of the section is undoubtedly not happy. 4. i accordingly hold that ..... filed against that order. a preliminary objection has been taken on behalf of the respondent that the order dated 26-11-66 passed under section 24 was appealable under section 28 of the act and as no appeal was filed against it, it became final and is no longer open to any challenge. the reply of the petitioner .....

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