2017(2) CIVIL COURT CASES 695 (S.C.)SUPREME COURT OF INDIAKURIAN JOSEPH & R.BANUMATHI, JJ.Civil Appeal No.4615 of 2017 (Arising out of SLP(C) No.7670 of 2014), D/30.03.2017.
Manish Jain Vs Akanksha Jain (i) Hindu Marriage Act, 1955, S.24 -- Maintenance pendente lite - Cannot be denied to wife on the ground that she is educated and could support herself - Likewise, financial position of wife's parents is also immaterial. (Para 15) (ii) Hindu Marriage Act, 1955, S.24 -- Maintenance pendente lite - Provision does not use the word "maintenance" - But word "support" can be interpreted to mean providing maintenance pendente lite. (Para 14) (iii) Hindu Marriage Act, 1955, S.24 -- Maintenance pendente lite - Order for maintenance pendente lite or for costs of proceedings is conditional on the circumstance that wife or husband who makes a claim for the same has no independent income sufficient for her or his support or to meet the necessary expenses of proceeding. (Para 15) (iv) Hindu Marriage Act, 1955, S.24 -- Maintenance pendente lite - It is always dependent upon factual situation - Court should, therefore, mould the claim for mainten...