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Whether wife can be denied interim maintenance if she has co

Whether wife can be denied interim maintenance if she has converted herself from Hinduism to other religion?

We have heard the learned counsel for both sides and perused the materials placed on record. In an application filed either by the husband or wife under Section 24 of The Hindu Marriage Act, the financial status of the parties and his or her capability to maintain himself or herself as the case may be during the pendency of the matrimonial proceedings alone is required to be considered. At this stage, what is required to be decided is the resourcefulness or otherwise of the applicant to maintain himself or herself during the pendency of the matrimonial proceedings. For this purpose, the Courts are not required to take note of the conversion of either the husband or wife to any other religion as contemplated under Section 18(2)(f) of The Hindu Adoptions and Maintenance Act, 1956 or it will be a ground to deny interim maintenance sought for in an application under Section 24 of The Hindu Marriage Act. In other words, Section 18(2)(f) The Hindu Adoptions and Maintenance Act, 1956 has no application for considering the claim of the husband or wife as the case may be for interim maintenance under Section 24 of The Hindu Marriage Act.

IN THE HIGH COURT OF MADRAS

Civil Miscellaneous Appeal No. 1409 of 2017

Decided On: 06.07.2017

K. Gurusamy Vs. G. Malliga

Hon'ble Judges/Coram:

R. Subbiah and A.D. Jagadish Chandira, JJ.

Citation: AIR 2017 Madras 286

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