⚖️ Legal Learning - Shri Ganpati Jurists
Topic: Maintenance Pendente Lite under Section 24, Hindu Marriage Act, 1955
Key Legal Points:
1. No Double Maintenance:
If a party is already receiving sufficient interim maintenance from a previous legal proceeding, they are not entitled to additional pendente lite maintenance under Section 24 of the Hindu Marriage Act.
2. Litigation Expenses May Be Granted:
Even if maintenance is denied, litigation expenses can still be awarded based on facts and circumstances. Courts may provide a lump sum instead of monthly payments.
3. Time Frame for Disposal:
Though Section 24 directs that applications be disposed within 60 days, a delay doesn’t penalize the opposite party unless intentional delay is proven.
Example Case:
Wife already receiving ₹30,000/month (₹20,000 for herself + ₹10,000 for child) under Hindu Adoption & Maintenance Act – Court denied additional maintenance under HMA Section 24 but granted ₹25,000 as lump sum litigation expense.
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