Case Note & Summary
The appellant-husband filed a divorce petition under the Hindu Marriage Act, 1955, on the ground of cruelty. The respondent-wife filed an application for maintenance under Section 24 of the Act. The Family Court, Nagpur, on 06.06.2003, granted maintenance of Rs. 5,000 per month and gave three options to the husband: (i) to pay Rs. 5,000 per month and give possession of half the residential house; (ii) to pay Rs. 5,000 per month and provide alternative accommodation; or (iii) to pay Rs. 5,000 per month and give possession of half the residential house. The husband opted for option (iii) and filed a pursis handing over half the house. However, the wife did not take possession. The husband challenged the order on the ground that the Family Court could not impose conditions for payment of maintenance. The High Court held that maintenance under Section 24 is payable from the date of application, not from the date of order, and that the Family Court cannot impose conditions for payment of maintenance. The court directed the husband to pay arrears of maintenance from the date of application till the date of the order, and future maintenance at Rs. 5,000 per month. The court also held that the order for maintenance must be executable without requiring the wife to file a separate execution application. The appeal was partly allowed, and the Family Court's order was modified accordingly.
Headnote
A) Family Law - Maintenance under Section 24 of Hindu Marriage Act, 1955 - Payment from date of application - The court held that maintenance under Section 24 is payable from the date of application, not from the date of order, as the purpose is to provide immediate financial support to the spouse during litigation. The Family Court's order granting maintenance from the date of application was upheld. (Paras 6-8) B) Family Law - Maintenance under Section 24 of Hindu Marriage Act, 1955 - Conditions for payment - The court held that the Family Court cannot impose conditions for payment of maintenance, such as requiring the wife to file a separate execution application or to give up her right to reside in the matrimonial home. The order must be executable without any further conditions. (Paras 9-10) C) Family Law - Maintenance under Section 24 of Hindu Marriage Act, 1955 - Arrears and future maintenance - The court held that the court can direct payment of arrears and future maintenance in lump sum or installments, considering the circumstances of the case. In this case, the husband was directed to pay arrears of Rs. 1,50,000 and future maintenance at Rs. 5,000 per month. (Paras 11-12)
Issue of Consideration
Whether the Family Court's order granting maintenance under Section 24 of the Hindu Marriage Act, 1955, with options for the husband to pay maintenance and give possession of half the house, is legal and proper; and whether the maintenance should be paid from the date of application or from the date of order.
Final Decision
The appeal is partly allowed. The Family Court's order dated 06.06.2003 is modified. The appellant-husband is directed to pay arrears of maintenance from the date of application (29.12.2001) till the date of the order (06.06.2003) at Rs. 5,000 per month, and future maintenance at Rs. 5,000 per month from the date of the order. The order for maintenance shall be executable without requiring the wife to file a separate execution application. The condition regarding giving possession of half the house is set aside.
Law Points
- Maintenance under Section 24 of Hindu Marriage Act
- 1955 is payable from date of application
- not from date of order
- Family Court cannot impose conditions for payment of maintenance
- Order for maintenance must be executable without requiring separate execution application
- Court can direct payment of arrears and future maintenance in lump sum or installments.
