The High Court held the husband’s plea for interim maintenance under the Hindu Marriage Act of 1955 was correctly entertained by the lower court and the husband was found to be entitled to interim maintenance while the procedures under Section 25 (Permanent alimony and maintenance) were ongoing.
“The words applied in Section 25 of the Act of 1955 permit any court exercising jurisdiction under this Act, i.e. under Sections 9 to 13, at the time of passing any decree or at any time subsequent thereto, on an application made to it, by either of the spouse pay to the applicant for her/his maintenance, either gross sum or monthly or periodical sums for not exceeding the life of the applicant, having regard to the income and the other property, etc,” the Court held
The term used ‘at any time subsequent thereto’ cannot be made redundant, by giving constricted meaning to the words ‘wife or husband, applied in Section 25, the Court made it clear.
“It is open for the court to decide the application filed by the husband under Section 25 of the 1955 Act, seeking monthly maintenance, by way of final proceedings, pending which, the application for interim maintenance filed under Section 24 of the Act of 1955, has been rightly entertained by the learned Judge and the husband has been held entitled to interim maintenance while the proceedings under Section 25 are pending,” she noted.
She, therefore, opined that both the impugned orders warranted no interference and dismissed the writ petition by upholding them.
Source: Barandbench
