Hindu Marriage Act, 1955
Section 24—Rejection of claim of maintenance pendente lite and expenses of proceedings—Appeal—Respondent, who is stated to be more than 70 years of age, was previously employed with a company which is financially collapsed and respondent was deprived of all retiral benefits, including pension and final settlement dues—Respondent borrowed loans from his brother and friend for the purpose of meeting his basic living expenses—Record reflects that appellant has been residing separately of her own volition for over three decades and she has adequate financial resources and support system—In the absence of any persuasive evidence justifying the appellant’s claim of interim maintenance, the respondent should not be burdened with obligation to provide interim maintenance, particularly when his own financial, physical and emotional conditions are visibly strained—Income of appellant is sufficient to maintain herself—Family Court has rightly dismissed the application filed by appellant under Section 24 of the Hindu Marriage Act—No infirmity found in the impugned order passed by the Family Court—Appeal dismissed.
[Paras 20 to 26]
Decision : Appeal dismissed