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MANISH JAIN vs. AKANKSHA JAIN

SCR Citation: [2017] 3 S.C.R. 702
Year/Volume: 2017/ Volume 3
Date of Judgment: 30 March 2017
Petitioner: MANISH JAIN
Disposal Nature: Appeal Allowed
Neutral Citation: 2017 INSC 297
Judgment Delivered by: Hon'ble Ms. Justice R. Banumathi
Respondent: AKANKSHA JAIN
Case Type: CIVIL APPEAL /4615/2017
Order/Judgment: Judgment
1. Headnote

 Hindu Marriage Act, 1955 - s.24 - Maintenance pendente lite and expenses of proceedings - Reduction of - Respondent-wife filed application u/s.24 claiming interim maintenance during pendency of divorce petition - Application dismissed by Lower court - High Court directed appellant-husband to pay interim maintenance of Rs. 60, 000/- p. m. in addition to amount directed to be paid to the respondent-wife in proceeding under D. V. Act - On appeal, held: An order for maintenance pendente lite or for costs of the proceedings is conditional on the circumstance that wife or husband who makes a claim for the same has no independent income sufficient for her/his support or to meet the necessary expenses of the proceedings - In the instant case, at the time of claiming maintenance pendente I ite, the respondent-wife did not have sufficient income capable of supporting herself, and therefore, the High Court was justified in ordering maintenance - However  amount ordered by the High Court is on the higher side and in the interest of justice same reduced to Rs.25,000/-p.m. (in addition to amount paid under the proceedings of the D. V. Act

2. Case referred
3. Act
      No Data Found!!!!!
4. Keyword
  • Hindu Marriage Act
  • 1955
5. Equivalent citation
    Citation(s) 2017 AIR 1640 = 2017 (15) SCC 801 = 2017 (15) Suppl. SCC 801 = 2017 (4) JT 434 = 2017 (4) Suppl. JT 434 = 2017 (4) SCALE 152