Hindu Marriage Act, 1955
Section 24—Order passed by Family Court declining to grant maintenance pendente lite to wife but granted rupees twenty five thousand per month for minor child—Appeal—Family Court has concluded that appellant is not entitled to maintenance because she does not want to work—Family Court further held that appellant is a post graduate diploma holder in business administration and capable of working, hence she is not entitled to maintenance—Appellant may have worked before her marriage, but there is no material to prove that appellant refused to work despite opportunity or she resigned from the job though she was getting a good salary—Submission that appellant filed application only after the respondent filed petition seeking divorce, cannot be a valid ground to deny maintenance, particularly in view of the fact that application under Sec. 24 of the HMA, is maintainable during the pendency of the petition—Respondent directed to pay maintenance pendente lite at rupees two lakhs per month for both the wife and child.
[Paras 3 to 8]
Decision : Appeal allowed