Judges Sunita Agarwal and  Krishan Pahal of the Allahabad H.C found that the provisional maintenance request is a substantive right under Article 18 of the Hindu Adoption and Maintenance Act. The family court, ordered the defendant to pay the applicant a maintenance fee for the daughter at a rate of 30,000 rupees per month, and granted the family court a tentative decision to maintain. .. Plaintiffs and defendants have a daughter out of the said wedlock. When the applicant became pregnant, she went to her paternal house near the couple’s house without notifying him, which was her escape, and her husband said she didn’t do any household chores which amounts to cruelty. The claim was not carried out. Defendants also alleged that she had jewellery and cash before the applicant’s wife went to her father’s house. After the birth of her daughter, she went to her paternal home with her and refused to return to the couple’s home with her husband. This led her accused husband to apply for divorce.

 The divorce petition was filed with the family court under Article 13 of the Hindu Marriage Act, which granted the defendant a divorce based on both escape and atrocities.

 In the meantime, while the divorce process is still ongoing, the applicant submits an application to the family court under Article 24 of the  Hindu Marriage Law, which gives the applicant a monthly allowance of 5,000 rupees and 2,000 rupees per month. Gave to There is one flat rate of Rs20,000 / for the cost of the procedure.

 The first appeal was filed with the High Court, which held the following:

 “As a result, the applicant and her daughter have no one to support during appeal. You have no financial support because the claimant has no income. If her husband refuses to maintain her if she divorces, after dismissing the proceedings, it is doubtful that the applicant has the right to maintain. This question can be answered using the provisions of Article 18 of the 1956 Hindu Adoption and Maintenance Act. I ignored her for good reason or intentionally. The right to seek provisional maintenance by making a claim under Article 18 of the Hindu Adoption and Maintenance Act of 1956 is a substantive right and shall be enforced by the applicant making his or her own claim. “

Leave a Comment

× Need legal help?