25% OFF on all LCI Courses. Offer valid till 5th Oct. Use Code: DUS25
LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

charanjit singh   29 February 2020

maintenance pendent lite

Is there any provision in HMA to reduce maintenance awarded in sec 24 mentioning change of circumstances like decrease in salary? can appeal be filed in the same court?


Learning

 4 Replies

Adv Shrikiran.B (Advocate)     29 February 2020

Hello sir, as the order under section 24 HMA is an interlocutary order, the same cannot be appealable. However, you can file writ petition before the high court for relief.
1 Like

Sachin (N.A)     29 February 2020

Originally posted by : charanjit singh
Is there any provision in HMA to reduce maintenance awarded in sec 24 mentioning change of circumstances like decrease in salary? can appeal be filed in the same court?

You can file writ petition in HC under Article 227 of the Constitution of India.
1 Like

Anand Bali Adv. (Advocate Solicitor & Consultant)     09 March 2020

Same court or heigher court, can not hear any appeal against the interlocutory orders; against a interlocutory order only you can file a writ petition in High Court or SC court but prefer to go to High court first as many times SC says to go first to HC and then only come to SC in any kind of Writ matters. Generally speaking, no appeal lies against an interlocutory order, but certain interlocutory orders can still be challenged in appeal against decree on the ground that such orders are of such character as would alter the decision of the court on merits and hence, 

Pl Visit www.advocateanandbaliandassociates.com

LIYANA SHAJI   02 June 2020

Hello,

The main object of Section 24 of the Hindu Marriage Act is to grant maintenance to the wife so that she can have financial assistance and she is able to maintain herself during the pendency of proceedings.

In Jagdish Singh v. Sarabjit Kaur, the court held that estimation of the husband's income is permissible while granting maintenance under Section 24 of Hindu Marriage Act.

But in any case the husband loses his job or is unable to pay the amount, there's only option that they can opt ie., to file a Writ Petition before the High Court under Article 226 of the Indian Constitution.

Hope this answers your query.

Regards

Liyana Shaji

 

 

 


Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register  


Start a New Discussion Unreplied Threads



Popular Discussion


view more »




Post a Suggestion for LCI Team
Post a Legal Query