Del HC | Can an application under S. 24 HMA survive beyond dismissal of the main divorce proceeding? Read why HC dismissed the application for maintenance pendente lite

Delhi High Court: Prathiba M. Singh, J., dismissed an application filed under Section 24 of the Hindu Marriage Act on finding no interest in the same by the wife.

Petitioner filed a divorce petition under Section 13(1)(ia) of the Hindu Marriage Act, 1955, seeking divorce from his wife. To which Family Court granted a decree of divorce to dissolve the marriage. However, on the same date, a notice was issued in the application under Section 24 of the Hindu Marriage Act, Family Court called for the detailed affidavits to be filed as to the expenditure, assets and liabilities of both the Petitioner and Respondent.

The above-said application has been challenged.

Bench noted from the Family Court’s decision that the respondent did not contest the divorce petition at all. Respondent’s defence was struck off and cross-examination of the petitioner was also of a limited nature.

Further, the Court added that since the respondent did not set out any substantial defence and the decree of divorce was granted without contest, respondent didn’t seem to be interested in pressing the application under Section 24 of the Act, which is meant for interim maintenance pendente lite.

 While concluding with the decision, Court expressed that the legal position is that a Section 24 application under the Act can survive beyond the dismissal of the main proceeding for grant of divorce, in respect of the period till the dismissal of the said petition.

Adding to the above, bench stated that the decision in Rita Mago v. V.P. Mago, 20(1981) DLT 103 may no longer be good law.

Hence, Bench concluded that in view of the above facts and circumstances the respondent doesn’t seem to be interested in pursuing the application under Section 24 for interim maintenance, therefore the said application was dismissed. [Apurva Anand v. Chanchal Niranjan, CM (M) 426 of 2020 and CM Appl. 20237 of 2020, decided on 29-01-2021]


Advocates for the parties:

Petitioner: Dr Aman Hingorani and Himanshu Yadav, Advocates

 Respondent: None

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