The woman and the husband have been living separately for many years. The man had filed a petition in 2013 under the Hindu Marriage Act, 1955, seeking maintenance allowance from his wife.
Law governing Maintainence
Section 24 of Hindu Marriage Act, 1955 providing for maintenance pendente lite and expenses of proceedings states that where it appears to the Court that either the wife or the husband, as the case may be, has no independent income sufficient for her or his 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 such sum as, having regard to the petitioner’s own income and the income of the respondent.
Section 25 of Hindu Marriage Act, 1955 providing for permanent alimony and maintenance states that the Court may on an application made to it by either the wife or the husband order that the respondent shall pay to the applicant for her or his maintenance and support such gross sum or such monthly or periodical sum having regard to the respondent’s own income and other property, if any, the income and other property of the applicant.
The judge of the Family Court on Wednesday allowed the petition of complainant and ordered the woman to pay Rs 1,000 per month to her husband as maintenance allowance since she was a retired government servant and getting of Rs 12,000 pension per month.