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ess (Nil)     04 November 2010

Hindu Marriage Act

Can the maintenance pendente lite awarded under section 24 of the Hindu Marriage Act, be ammended by making an application under section 25 of that Act.



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 3 Replies


(Guest)

Yes ,during the case section 24 applied as you asked maintenance pendente(During litigation) lite awarded,Thanks Prabhakar sir.

 

 

24.      Maintenance pendente lite  and expenses of proceedings. -Where in any proceeding 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 proceeding, and monthly during the proceeding such sum as, having regard to the petitioner’s own income and the income of the respondent, it may seem to the court to be reasonable.

  

25.      Permanent alimony and maintenance. -(final decree is passed )

 

(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 subsection (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 has had s*xual 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 just].

ess (Nil)     04 November 2010

Thanks Mr. Prabhakar for your reply. In that case,

i. can a plea be taken that section 25(2) is irrelevant in so far as application for varying the maintenance granted under section 24 is concerned, and,

ii. under which section can the application for varying the amount of maintenance under section 24 be made because there is no section in the HMA which speaks of varying the amounts awarded as interim maintenance or pendente lite. 

iii.Can you also please indicate some cases in which the order under s.24 was revised becase of the change of circumstances subsequently.


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