Whether interim maintenance can be denied to wife on ground of non consummation of marriage?
The expression used under S.24 is 'pendente
lite' which means pending litigation or during litigation,
that is for a period from the date of commencement of
litigation till it is concluded. This principle of temporary
alimony is a concept of economic guardianship to administer
justice either to the wife or to the husband, which is
extended to support either of them during the pendency
of the proceeding alone. Analysing the Section, it is found
that the right of equality is protected by the parliament
and the question of validity of the marriage will not be a
ground for denying such relief to wife or husband.
Therefore, we conclude that an application for pendente
lite maintenance can be filed in any proceedings under the
Hindu Marriage Act 1955 (Sections 9 to 13) and any
application made after disposal of the main petition has no
independent existence. In short, the primary responsibility
of the Family Court is that before passing the decree in
the main petition, it has to dispose of the interim
maintenance application under Section 24 of the Act
exercising its discretionary powers. While exercising such
discretionary power, the Court has to follow sound judicial
principles and has to consider the economic condition of
both parties. Here, the main petition is pending in the
Family Court, Thiruvananthapuram. While so, the
observation of the Family Court that petition for
maintenance pendente lite cannot be considered at this
stage, since the respondent contended that there is no
consummation of marriage, is per-se illegal and absolutely
unsustainable. An application pending under Section 12 is
not a ground to refuse interim maintenance to the wife.
Therefore, Ext.P4 order is liable to be set aside.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR.JUSTICE V.K.MOHANAN
&
THE HONOURABLE MR. JUSTICE P.D.RAJAN
WEDNESDAY, THE 25TH DAY OF FEBRUARY 2015/
OP (FC).No. 502 of 2014 (R)
----------------------------
R.C.SHEEJAKUMARI
Vs
PRAVEEN.S.R.
Citation;AIR 2015 kerala 135
lite' which means pending litigation or during litigation,
that is for a period from the date of commencement of
litigation till it is concluded. This principle of temporary
alimony is a concept of economic guardianship to administer
justice either to the wife or to the husband, which is
extended to support either of them during the pendency
of the proceeding alone. Analysing the Section, it is found
that the right of equality is protected by the parliament
and the question of validity of the marriage will not be a
ground for denying such relief to wife or husband.
Therefore, we conclude that an application for pendente
lite maintenance can be filed in any proceedings under the
Hindu Marriage Act 1955 (Sections 9 to 13) and any
application made after disposal of the main petition has no
independent existence. In short, the primary responsibility
of the Family Court is that before passing the decree in
the main petition, it has to dispose of the interim
maintenance application under Section 24 of the Act
exercising its discretionary powers. While exercising such
discretionary power, the Court has to follow sound judicial
principles and has to consider the economic condition of
both parties. Here, the main petition is pending in the
Family Court, Thiruvananthapuram. While so, the
observation of the Family Court that petition for
maintenance pendente lite cannot be considered at this
stage, since the respondent contended that there is no
consummation of marriage, is per-se illegal and absolutely
unsustainable. An application pending under Section 12 is
not a ground to refuse interim maintenance to the wife.
Therefore, Ext.P4 order is liable to be set aside.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR.JUSTICE V.K.MOHANAN
&
THE HONOURABLE MR. JUSTICE P.D.RAJAN
WEDNESDAY, THE 25TH DAY OF FEBRUARY 2015/
OP (FC).No. 502 of 2014 (R)
----------------------------
R.C.SHEEJAKUMARI
Vs
PRAVEEN.S.R.
Citation;AIR 2015 kerala 135
