Maintenance Moot Hma
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ScribdTranslationsMaintenance Moot Hma
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ScribdTranslationsThe interim maintenance should be granted.
It is humbly submitted before this honourable court that the respondent is entitled to
claim Interim maintenance
1. Maintenance under Hindu Marriage Act, 1955
The Hindu Marriage Act, 1955, under sections 24 and 25 provide that if an applicant
If a spouse is unable to maintain themselves, then he or she can go to court and
claim remedy under the above mentioned sections of the Act. If one of the parties to the
suit files a petition for divorce or judicial separation, then they can also move an
application under section 24 for maintenance pending litigation i.e. maintenance during the
pendency of the proceedings and under section 25 for permanent alimony.
2. Maintenance pending litigation
1. 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, 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 or be
reasonable. Provided that the application for the payment of the expenses of the
proceeding and such monthly sum during the proceeding shall, as far as possible, be
disposed of within sixty days from the date of service of notice on the wife or the
husband, as the case may be.
2. Maintenance pendente lite means maintenance during the pendency of the proceedings.
Section 241uses the expression maintenance pendente lite. Under section 24, the court has
got the power to give monthly maintenance till the case is disposed of2.
1
Section 24 of Hindu Marriage Act
2
Dr. Shivani Goswami, Family Law-1, First edition, page no: 139
3. In Pradeep v. Shailja,3the court laid down that while awarding maintenance the court
takes into consideration factors like needs of the claimant, status of the parties, incomes
of petitioner and respondent and persons entitled to be maintained.
Chitralekha v. Ranjeet Rai4while granting interim maintenance the court exercises its
discretion and takes into consideration various factors such as whether a person has got
sufficient means to support himself or herself or not, what is the status of parties to
marriage, what are the needs of the claimant, basic necessities such as food, clothing and
shelter, income of the petitioner and respondent etc. From the date of filing of petition
such maintenance is provided. The court has the power to increase or decrease the
amount of maintenance, if there is change in circumstances. The party has to apply for
the same.
Here in the present case, Tara has no job. She left her previous job in order to live with.
dhruv. She has no independent income in order to maintain herself and she cannot meet
the expenses of the proceedings.
5. In the case of Jasbir Kaur Seghal v. District Judge, Dehradun5The court laid down that
Section 24 cannot be confined only to giving maintenance to the spouse only.
woman's right to maintenance under the section would be her own maintenance as well as
her child, which in the present case was her unmarried daughter.
6. While granting maintenance, the court will take into consideration only the income of
the person and not other properties or assets.
7. In the case of Pushkar Navnital Shah v. Rakhi,6the contention of the husband was that
since now daughter has become a coparcener by way of the amendment that has been made
in the Hindu Succession Act, in the year 2005, the wife now is not entitled to
claim; maintenance. The court turned down the plea of the husband and laid down that no
A co-sharer can claim his/her share in the joint family property until actual partition.
takes place. It is necessary that when the court orders to pay maintenance to the spouse, it
3
.AIR 1989 Del 10
4
.AIR 1977 Del 176
5
.AIR 1997 SC 3397
6
AIR 2007 GUJ 5
should be abided by the parties. Failing which, the court will stay the proceedings of
marital respite.
8. In granting maintenance pending litigation, the conduct of the spouse is immaterial. If the
the person is unable to maintain during the pendency of the proceedings, that is sufficient and
Such person can ask for maintenance pendente lite. His/her conduct is immaterial in such.
cases
Restitution of conjugal rights
Section 9
"When either the husband or the wife has, without reasonable excuse, withdrawn from the society of
The other, the aggrieved party may apply, by petition to the district court, for restitution of conjugal
rights and the court on being satisfied of the truth of the statements made in such petition and that
There is no reason why the application should not be granted; may decree restitution of conjugal rights.
accordingly.7
Section 9 of Hindu Marriage Act
7