Wife's Past Marital Status Irrelevant To Interim Maintenance Claim: Allahabad High Court
Last Updated:
The observation came in a case where a woman challenged a family court decision denying her interim maintenance on the ground that she had concealed details of her earlier marriage
The Allahabad High Court recently observed that the veracity of a woman's past marital status need not be examined while deciding her application for maintenance during litigation under Section 24 of the Hindu Marriage Act.
The observation came in a case where a woman challenged a family court's decision denying her interim maintenance on the ground that she had concealed details of her earlier marriage. The family court had found that her previous marriage had ended only in April 2024, whereas she had remarried in February 2021, allegedly in violation of Section 5(i) of the Hindu Marriage Act which bars bigamy.
However, a division bench comprising Justice Arindam Sinha and Justice Avnish Saxena held that such factual determinations regarding her previous husband were unnecessary for adjudicating the interim maintenance plea.
The high court emphasised that the sole consideration under Section 24 is whether the applicant lacks sufficient income to support herself and bear litigation costs.
'For purpose of adjudicating the appeal, it is not necessary for us to find on other facts regarding allegation of appellant that there was separation from her first husband… This is because section 24 provides for a spouse to have maintenance pendente lite and expenses of proceedings," the bench noted.
The husband, who worked in the police, argued that the marriage was void due to concealment and relied on 2025 Supreme Court ruling in Sukhdev Singh Vs. Sukhbir Kaur to argue that conduct matters in deciding maintenance. His counsel also claimed that the woman had falsely stated she was employed in the Income Tax department.
The high court, however, found that there was no evidence on record to prove the woman was earning or had financial means. On the contrary, it noted that she had moved to live with the respondent in Kanpur after the marriage, and was now residing at her original address in Jhansi.
The high court observed that allegations of deceit, even if ultimately proven, do not override the financial necessity that Section 24 seeks to address.
Setting aside the family court's order, the bench directed the husband to pay a consolidated sum of Rs 15,000 per month to the appellant from the date of her application, April 15, 2025. Arrears were also ordered to be cleared by June 14, 2025, and monthly payments will continue by the 7th of each subsequent month.
The court also urged the family court to expedite the main matrimonial case without delay, while cautioning the wife against seeking adjournments.
First Published:
June 09, 2025, 15:26 IST
Hashtags
Try Our AI Features
Explore what Daily8 AI can do for you:
Comments
No comments yet...
Related Articles
Hans India
40 minutes ago
- Hans India
Maoist commander arrested, cache of arms recovered in Jharkhand's Chatra
Chatra (Jharkhand): The Jharkhand Police have arrested a senior Maoist leader and recovered a huge cache of ammunition from a forest in Chatra district, officials said. Arjun Ganjhu, a top commander of the banned Maoist outfit Tritiya Sammelan Prastuti Committee (TSPC), was apprehended during a raid in Tikda village under the Lawalong police station area. Acting on a tip-off about his movement, a special team led by Simaria SDPO Shubham Khandelwal conducted the operation and nabbed the militant. Chatra Superintendent of Police Sumit Agrawal informed during a press conference on Tuesday that a country-made pistol was recovered from Ganjhu at the time of his arrest. Following interrogation, he revealed the location of a hidden arms cache in a nearby forest. A search led to the recovery of 723 live cartridges concealed underground in a box. The cache included 477 rounds of INSAS rifle ammunition and 246 rounds of .303 rifle cartridges -- indicating preparations for potential attacks or supply to other cadres in the region. SP Agrawal said the recovery dealt a blow to the operational capabilities of the TSPC in the area. Ganjhu is a repeat offender and had previously been jailed for involvement in Maoist-related activities. In a separate operation, Lohardaga Police arrested another absconding Maoist, Lalind Mahato alias Rajkumar Yadav, who had been evading capture for several years. Lalind, a resident of Semardih village in Kisko police station limits, has multiple cases lodged against him in Lohardaga, Latehar, and other districts of Jharkhand. Lohardaga SP Sadique Anwar Rizvi said that Lalind was associated with the squad of Ravindra Ganjhu, a zonal commander of the CPI (Maoist), who carries a bounty of Rs 15 lakh on his head. Police believe that Lalind's arrest could yield crucial intelligence about Maoist activities and logistics in the region. After his court appearance, preparations are being made to send him to judicial custody.
Time of India
43 minutes ago
- Time of India
Man gets one-week parole for arranging son's Plus One admission
Kochi: Kerala high court has granted one-week parole to a convict serving a life term to enable him to arrange Plus One admission for his son who passed the SSLC examination with high marks. The man is currently in jail for killing his father over a property dispute. Justice P V Kunhikrishnan issued the order on Tuesday on a petition filed by the convict's wife, seeking emergency leave for her husband to arrange admission for their child. The request had earlier been denied by the jail authorities, who cited the absence of a provision for such a release. The court directed the authorities of the Central Prison and Correctional Home, Thavanur, to release the petitioner's husband on emergency parole for one week, from June 12 to 18. The release is conditional upon the execution of a bond for Rs 1 lakh with two solvent sureties. The convict is required to return to prison by 4pm on June 18. The convict, a native of Palakkad, was sentenced to life imprisonment by the additional sessions court, Palakkad, in 2023. Upon reviewing the mark list of the petitioner's son, the court noted that the student had secured six A plus and two A grades in the SSLC examination. The court further observed that it could not turn a blind eye to the plea of a bright student seeking his father's assistance to pursue higher education. It emphasised that the fundamental rights of a convict include the right to provide a good education to their child. A father's presence, the court noted, plays a crucial role in a child's educational journey by offering emotional support, guidance, and mentorship. "Let the child spend a few days with his father and begin his Plus Two course with blessings from his parents and a smile on their faces," the court concluded.
Time of India
43 minutes ago
- Time of India
Bullet for ballot: 6 get life for killing man who voted ‘wrongly'
Agra: A court in Agra has sentenced six men to life imprisonment for killing a fellow villager who had refused to vote for their preferred candidate during the panchayat elections in Ladam Mankeda under Malpura police limits on Aug 23, 2005. The court found Jitendra Singh, Bablu Singh, Pawan Singh, Sattoo Singh, Girraj Singh, Govind Singh and Balvir Singh —all in their late 40s — guilty of murdering Dharampal Singh, 35, after he and his brother Dharamveer Singh refused to support the accused's chosen candidate. Both parties had backed Independent candidates. "They tried to force us to vote for their nominee, but we declined. That angered them," Dharamveer Singh had told police during the investigation. On the evening of the incident, the accused allegedly attacked the brothers first with sticks and then shot Dharampal during the clash. Dharampal was taken to SN Medical College, where he succumbed to his injuries. Police registered an FIR the next day under IPC sections 147, 148, 149 and 302, along with relevant sections of the Arms Act. The accused were arrested on Sept 15, 2005. Investigating officer NC Gangawar recovered a .315 bore country-made gun and two live bullets from a bajra field on Sept 16 based on Bablu's disclosure. "He led us to the field and showed us where the weapon was hidden," Gangawar said. The chargesheet was filed on Sept 30, 2005. During the trial, Balvir Singh pleaded for leniency, saying, "This is my first offence. I have two children and am the sole breadwinner in my family. " The court rejected his plea. After nearly 20 years of proceedings, additional district and sessions judge (Agra) Rajendra Prasad sentenced Jitendra, Bablu, Pawan, Girraj, Govind and Balvir to rigorous life imprisonment. Sattoo Singh died during the trial in 2006. The court also fined each convict Rs 28,500 and warned that failure to pay would lead to an additional three years in prison. Seventy percent of the fine is to be allocated to Dharampal's family.
