- (1.) In the proceedings for divorce under Section 13(1) (ia) (ib) of the Hindu Marriage Act, 1955 ('the Act'), the appellant Smt.Manju moved an application for interim maintenance under Section 24 of the Act. The application was allowed by the Judge, Family Court, Sriganganagar after contest on merits, and considering the fact that the appellant wife was justified in living separately from her husband and that she and her son require maintenance from the husband who is a practicing advocate, the Family Court fixed an amount of Rs.5,000/- per month for the wife and Rs.5,000/- per month for her son and Rs.500/- as costs of the proceedings on each date attended by her. Both the husband and wife filed writ petitions against the order of the Family Court, Sriganganagar dated 01.10.2013.
(2.) Learned Single Judge heard both the matters together and dismissed both the writ petitions with the findings that admittedly the non-applicant husband is an advocate by profession. It was specifically stated by the applicant wife that he is earning Rs.25,000/- per month as professional income. The averment was denied by the non-applicant husband in the counter filed but he did not disclose his actual monthly income. The existence of the irrigated agriculture land and the house at Purani Abadi, Sriganganagar was not disputed, however, the stand taken was that the same are ancestral properties. Learned Single Judge confirmed the findings recorded by the Family Court that on overall consideration of the matter, the interim maintenance of Rs.5,000/- each for applicant wife and her child as determined by the Family Court is just and adequate and by no stretch of imagination, it can be said to be excessive in these days of high inflation.
(3.) Learned Single Judge did not agree with the contention of learned counsel appearing for the husband that amount of maintenance could have been awarded from the date of the order and not from the date of filing of the application. Learned Judge held that the purpose behind Section 24 of the Act is to provide necessary financial assistance during the proceedings to the party to the matrimonial dispute who has no sufficient means to maintain himself/herself or to bear the expenses of the proceedings. The expression "during the proceedings" in Section 24 cannot be given a narrow and restrictive meaning. Even as per provisions of Section 24 of the Act, the application preferred for payment of expenses of the proceedings and such monthly sum during the proceedings, as far as possible shall be disposed of by the Court within 60 days from the date of service of notice on the wife or the husband, as the case may be. Thus, the harmonious construction of the provisions contained in Section 24 of the Act makes it abundantly clear that ordinarily the maintenance has to be allowed from the date of the application and not from the date of the order.;