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Judgment Search Results Home > Cases Phrase: hindu marriage act 1955 section 24 Court: supreme Page 1 of about 48,324 results (0.162 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 .....

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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 .....

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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 .....

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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 .....

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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.

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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 .....

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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 .....

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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 .....

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Nov 11 2003 (SC)

Smt. Swati Verma Vs. Rajan Verma and ors.

Court : Supreme Court of India

Reported in : AIR2004SC161; 2004(5)ALLMR(SC)45; II(2003)DMC795; 2003(3)JKJ121[SC]; (2004)1SCC123

..... no. 1 have stated in the said application that their marriage has broken down irretrievably and there is no chance of their living together ..... been filed before this court under section 13(b) of the hindu marriage act and under article 142 of the constitution praying that this court may exercise its extra ordinary jurisdiction under article 142 of the constitution and dissolve the marriage by a decree of divorce by mutual consent under section 13(b) of the hindu marriage act, 1955 as amended by the marriage laws (amendment) act, 1976. the petitioner and respondent ..... been registered as h.m.a.no. 1108 of 2002 which is pending consideration before the learned additional district and sessions judge. she has also filed an application under section 24 of the hindu marriage act for maintenance.4. it appears that after notice was issued in the transfer petition good sense has prevailed and the parties have been able to amicably settle their disputes .....

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Aug 11 2005 (SC)

Rita Dutta and anr. Vs. Subhendu Dutta

Court : Supreme Court of India

Reported in : AIR2006SC189; 2005(6)ALT7(SC); 2005(4)AWC3861E(SC); 2005(5)BomCR512; (SCSuppl)2006(1)CHN6; II(2005)DMC384SC; [2005(4)JCR100(SC)]; JT2005(7)SC279

..... all her time and energy for the upbringing of her sons and to look after her husband.4. after 20 years of marriage on 05.04.2002 respondent no. 1 initiated divorce proceedings under section 13 of the hindu marriage act, 1955 [for short 'the act'] alleging therein that the appellant no. 1 had been meeting out unmitigated and relentless cruelty, both mental and physical. all ..... these allegations have been denied by appellant no. 1. respondent left the matrimonial home and started residing with his brother's family at 6b, waverly lane, taltola, calcutta.5. appellant no. 1 filed an application under section 24 ..... rs. 2,300/- per month, total of which comes to rs. 7,000/- per month. modified order will take effect from the date of filing of application under section 24 of the act.13. respondent is directed to pay the maintenance allowance by 10th of every month. arrears be paid in the next six months in equal instalments along with the monthly ..... of the act in the court of 13th additional district judge at alipore, calcutta claiming maintenance for herself and her two sons from the respondent. she claimed maintenance of rs. 25,000 .....

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