Will executed by father of applicant in her favour can not debar her from claiming maintenance
It was next contended by Mr. Wig that the wife has been guilty of concealment of the factum of the will in the application under Section 24 of the Hindu Marriage Act. As far as wills are concerned that cannot become effective until such time probate thereof is obtained. In any case the bequests which areallegedly made in favor of the wife are subject-matter of suit No. 674 of 1983 and no part of such property can be considered to be income sufficient for the support of the wife. The fact that it was not mentioned in an application under Section 24, in this view of the matter, cannot have any effect, and cannot amount to concealment as it is not material whether any will has been executed in favor of the wife or not. The bequests under the will, are going to be perfected only after the grant of probate. Therefore, it cannot be said that the will executed by the father of the respondent wife can be a subject-matter of any alleged concealment.
It is next contended that since orders for maintenance in favor of the wife have been denied under Section 125 Cr. P. C., for the same reasons, pendente lite maintenance under Section 24 of the Hindu Marriage Act should also be quashed. I do not agree. Both these provisions operate in different spheres andthey are independent of each other
It is next contended that since orders for maintenance in favor of the wife have been denied under Section 125 Cr. P. C., for the same reasons, pendente lite maintenance under Section 24 of the Hindu Marriage Act should also be quashed. I do not agree. Both these provisions operate in different spheres andthey are independent of each other
Delhi High Court
Prem Nath Sarvan vs Prem Lata Sarvan on 3 March, 1986
Equivalent citations: AIR 1988 Delhi 50, 1987 (12) DRJ 45
