Maintenance Provision Under Hindu Marriage Act Is Gender Neutral: Delhi High Court

Maintenance Provision Under Hindu Marriage Act Is Gender Neutral: Delhi High Court

Case: CHETRAM MALI vs. KARISHMA SAINI

Coram: Justice V Kameswar Rao and Justice Anoop Kumar Mendiratta

Case No.: MAT.APP.(F.C.) 196/2023

Court Observation: “The equivalence does not have to be with mathematical precision but with the objective to provide relief to the spouse by way of maintenance pendente lite and litigation expenses, who is unable to maintain and support during the pendency of proceedings and to ensure that party should not suffer due to paucity of source of income,”.

“The provision is gender neutral and the provisions of Section 24 & 25 of HMA provide for the rights, liabilities, and obligations arising from marriage between the parties under HMA.”

“We are of the considered opinion that maintenance pendente lite at the rate of ₹21,000/- per month to the respondent, as paid in the proceedings under PWDV Act from the date of filing of the petition before the learned Family Court till its disposal would be reasonable. The same shall be paid along with litigation expenses/arrears in terms of impugned order passed by the learned Judge, Family Court,”.

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Maintenance Provision Under Hindu Marriage Act Is Gender Neutral, Delhi High Court

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