Alemoney pendentelite
Somnath mukherjee
(Querist) 05 June 2011
This query is : Resolved
In matrimonial proceedings whether there is any rule that the alemoney petition will be heard first if there is any citation please give that citation.
prabhakar singh
(Expert) 05 June 2011
section25 of Hindu marriage Act. Permanent alimony and maintenance.
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 respondent shall 1*** 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, 2[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 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 re-married or, if such
party is the wife, that she has not remained chaste, or, if such party
is the husband, that he has had sexual intercourse with any woman
outside wedlock, 2[it may at the instance of the other party vary,
modify or rescind any such order in such manner as the court may deem
jus
Tajobsindia
(Expert) 06 June 2011
The interim maint. as is also called as pendentelite maint. and or as pendentelite alimony so far as possible should be decided in 60 days from the date of its presentation by either spouse. Hence it gave birth to persuasive pleading to decide it first before Bench by ld. pleaders of either spouse which is to plead to decide pendentelite alimony / maint. first before any other issues may be decided by concerned Court. The reasont o decide it first is for helping a spouse to come up for trial and for litigation expenses as a spouse without which may not be able to face the trial which is justification shown before Bench. One needs only to rightly interpret such laws and no need for citation to interpret asked que. as basically you are asking here about S. 24 HMA.
I differ to views given by Sh. Prabhakar Singh which is for alimony not pendentelite alimony and there is a huge difference between both Sections object and intent wise.
Jitendar Kumar gupta
(Expert) 06 June 2011
yes this is settled law that after getting the maintenance the proceeding can proceed further.
