sec. 24 - 25 - 26 are self explanatory.
24 Maintenance pendente lite and expenses of proceedings
Where in any proceedings under this Act it appears to the court that either the wife or the husband, as the case may be, has no independent income, sufficient for her or his support and the necessary expenses of the proceeding, it may, on the application of the wife or the husband, order the respondent to pay to the petitioner the expenses of the proceedings, and monthly during the proceedings such sum as, having regard to the petitioner’s own income and the respondent, it may seem to the court to be reasonable.
COMMENTS
The expression “husband and wife” as finds place under s.24 does not require a rigid interpretation. Besides the inclusion of legally married wife and husband, the expression also includes the person claiming to be a wife or husband.- Laxhmibai v Ayodhya Prasad AIR 1991 MP 47
In the case for one reason or the other the proceedings are protracted and the applicant is not the least responsible for, the applicant cannot lose the right for getting maintenance pendente lite from the date of application.- Indira Gangole v. S.K. Gangole AIR 1992 MP 73
In case there is an order of maintenance pendente lite passed, it cannot be appealed against for it is just an order interlocutory and never a judgement.- S.H.Gupta.v.P.S.Gupta.AIR 1991 Bom.423.
Where there is no obstacle in the matter of earning granting of maintenance to one who is skilled does not fall within the purview of the scheme of the Act. Simple fact of business closed down, does not indicate no source of income .-Kanchan v. Kamalendra AIR 1992 BOM 493
Expenditure done on the travelling so as to attend the court where is a big distance from the residence and the court is also included in the court of litigation, and in case some assistance is required by the applicant lady or some male companion, it is necessary that the respondent must pay travelling expenses of both of them besides same deamess allowance.-S .D. Naik v. D.K. Naik 1993 (1)DMC 112
25 Permanent alimony and maintenance
(1) any court exercising jurisdiction under this Act may at the time of passing any decree or at any time subsequent thereto, on application made to it for the purpose by either the wife or the husband, as the case may be, order that the respodent shall [***] pay to the applicant for her or his maintenance and support such gross sum or such monthly or periodical sum for a term not exceeding the life of the applicant as, having regard to the respondent's own income and other property, if any, the income and other property of the applicant [the conduct of the parties and other circumstances of the case], it may seem to the court to be just, and any such payment may be secured, if necessary, by a charge on the immovable property of the respondent.
(2) If the court is satisfied that there is a change in the circumstances of either party a at any time after it has made an order under sub-section (1), it may at the instance of either party, vary, modify or rescind any such order in such manner as the court may deem just.
(3) If the court is satisfied that the party in whose favour an order has been made under this section has remarried or, if such party is the wife, that she has not remained chaste, or, if such party is the husband, that he has had
s*xual intercourse with any woman outside wedlock, [it may at the instance of the other party very modify or resind any such any order in such manner as the court may the just.]
COMMENTS
Were matrimonial relief is refused the order of refusal amounts to a decree for all purposes including for appeal as under s.20 of the Act.-M.K.Jain. v.L.M.Jain AIR 1991 Bom 440.
Sec. 11 of the Code of Civil Procedure or the principles of res judicata or the doctrine of estoppel is of no avail against the wife so as to defeat her claim for the higher ratio of maintenance allowance.- R.S.Rastogi.v.Vinay Rastogi AIR 1991 All. 255.
26 Custody of children
In any proceeding under this Act, the court may, from time to time, pass such interim orders and make such provisions in the decree as it may deem just and proper with respect to the custody, maintenance and education of minor children, consistently with there wishes, wherever possible, and may, after the decree ,upon application by petition for the purpose, make from time to time, all such orders and provisions with respect to custody, maintenance and education of such children as might have been made by such decree or interim orders in case the proceeding for obtaining such decree were still pending, and the court may, also from, time to time revoke, suspend or very any such orders and provisions previously made.
COMMENTS
It is the District Judge who is appropriate and not the High Court to take a decision upon the custody of the minor children.-K.C.Das v. Kusam Das AIR 1991 Gau. 54.
