Maintenance of ₹ 1 Lakh to wife | Read order given below!
This is one of the case related to Section 24 of Hindu Marriage Act 1955.
Section 24 of Hindu Marriage Act 1955 talks about Maintenance pendente lite and expenses of proceedings.
Pendente lite means during the pendency of litigation.
READ THE HIGH COURT ORDER CAREFULLY GIVEN BELOW
Now let us understand what actually happened in this case:
In this case Family court of one of the districts in UP has made the order of paying expenses of proceedings amounting ₹100000 to wife under section 24, to be paid by respondant(husband). The amount was determined by application given by the petitioner stating the expenses to be incurred by her in various cases pending between the parties. But after order being passed by family court the same was Stayed by the same family court, when respondant reached the court demanding that order is passed incorrectly. It is to be noted here that stay was granted without serving any notice of same to the petitioner. Therefore, it was stayed by the same family court.
But same was objected by the petitioner when it came to the knowledge of petitioner because it cannot be stayed by the same court, it alleged that it is the exceeding powers used by the court and nothing was informed to the petitioner. Therefore, petitioner(wife) reached the High Court for the inappropriate exercise of powers by the court and also one sided order without any knowledge of stay to the petitioner. Thererefore, High Court set aside the order of family court and family court must without any further adjournments, allocate amount of ₹100000 to the petitioner. And also application must be finalised within two weeks.
READ THE HIGH COURT DIRECTION GIVEN TO FAMILY COURT
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