Tana Tony 10 March 2018
Vijay Raj Mahajan (Advocate) 10 March 2018
The Family Court will decide this issue. Depends on the income of the wife, her reasonable requirements and her lifestyle that she had been enjoying at her matrimonial home.
J.D.S Sareen (-) 10 March 2018
The interim maintenance has to be granted under Section 24 of the Hindu Marriage Act, 1955, which runs thus:-
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, 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.
Under that section, the Court has to see whether the Petitioner-wife earns any independent income sufficient for her support and the expenses ig of the proceedings.
The wife is also entitiled to the maintenace under other sections depending upon case to case and nature of proceedings
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sai narayana 20 March 2018