Section 24 of the Hindu Marriage Act, 1955, applies equally to both spouses.

Section 24 of the Hindu Marriage Act, 1955, applies equally to both spouses.

Smt Pratiksha Arya vs Sri Deepak Kumar Arya

Nainital HC

17/03/2011

Appeal From Order No. 356 of 2010

About/from the judgment:

Section 24 of the Hindu Marriage Act, 1955, applies equally to both spouses. It provides that where in any proceeding under the Act 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, it may, on the application of wife or the husband, order the other party to pay monthly maintenance during the proceeding initiated under the Act. Normally, in the Indian society, we see husband as an earning member in the family and wife dependent on him. But Section 24 takes note of all kinds of situation including the one in which husband is unable to maintain himself and dependent on his wife. As such, as far as maintainability of the application moved by the husband is concerned, the same was maintainable, seeking maintenance from the wife.

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