Manitenance pendente lite: Section 24 of the Hindu marriage Act, 1955 a states that where in any proceeding under this Act, it appears to the Court that either the wife or the husband, as the case may be, has no i9ndependent income sufficient for his or her support and the necessary expenses of the proceeding, it may, on the application of the wife or the husband, order the respondent to pay to the petitioner the expenses of the proceeding, and monthly during the proceeding of such sums, having regard to the petitioner’s own income and the income of the respondent, it may seem to the court to be reasonable. It is also stated that the application for the payment of the expenses of the proceeding and such monthly sum during the pendency of the case, as far a possible be disposed of within 60 days from the date of service of the notice on the wife or the husband.
Maintenance for the child
If a wife does not have any income of her own, then it is the obligation of her husband to maintain her and their children. Maintenance can also be sought for a daughter but provisions for maintenance cannot be made for a major son.
Date on which maintenance is to be paid
Section 24 of the Hindu marriage Act, 1955 doesnot mention the date within which the maintenance has to be paid. Either the court decides to pay the maintenance from the date when the petition had bee filed or the date when the order of payment of maintenance has been filed. Usually, the time for granting maintenance pendent elite would be from the date of filing the application.
Educational Expenses of the child
While quantifying the maintenance, the educational costs of the children should also be considered. The children are the responsibility of the parents and they have to be looked after by the parents according to their capacity.
Non- payment of alimony
If a person has filed a petition for restitution of conjugal rights and have at the same time failed to pay the maintenance and litigation costs, then the petition filed by the husband for restitution of conjugal rights automatically gets dismissed.
