AIR 1996 BOMBAY 94 ::(1996) MarriLJ 378 ::(1996) 1 CivilCourtC 700 ::(1996) 1 AllMR 136 (BOM) ::1996 (2) BomCR 531 ::(1996) 2 LJR 312 ::1996 (1) Mah LJ 288

Bombay High Court

Hon'ble Judge(s): A. P. Shah , J

Hindu Marriage Act (25 of 1955) , S.24— Interim alimony - Order for interim relief can be passed in any proceedings under the Act - Court cannot defer decision on the issue till disposal of main issue of nullity of marriage on ground of deception or fraud. The right of a wife for maintenance is an incident of the status or estate of matrimony. S.24 of the Hindu Marriage Act, which provides for maintenance pendente lite and expenses of proceedings, clearly applies to all proceedings under the Act. An order for maintenance pendente lite and costs of the proceedings can, as the initial words of the section clearly state, be made in any proceeding under the Act, viz. for restitution of conjugal rights, judicial separation, divorce or nullity of void and voidable marriage.(Para 5) The Family Court was wrong in postponing the determination of interim alimony till the trial of the main petition. The trial Court cannot postpone its decision on the application for interim maintenance and costs till the disposal of the main issue in the substantive matter. The very purpose of an order under S.24 would be frustrated if the matter of granting interim maintenance and of providing the requisite expenses for the conduct of the proceedings itself is deferred till the final stage of the proceeding. The direction for interim alimo....