Hindu Marriage Act, 1956—Sections 24 and 13(1)(ia)—Cross Appeals to impugn the Maintenance pendente lite—Eldest daughter got employment—Her maintenance amount reduced. Modification of interim Maintenance—Married with two children, were embroiled in litigation, including divorce and maintenance petitions—Both spouses filed appeals: the husband sought to modify or annul the maintenance order, while the wife sought an increase—The husband argued for a reduction in maintenance due to his decreased salary and expenses, as well as the elder daughter's self-sufficiency—Conversely, the wife asserted her ongoing financial needs due to health issues, educational expenses for the younger daughter, and the husband's stable income and property ownership. The court, after considering arg...

Hindu Marriage Act, 1955—Section 24—Maintenance Pendente Lite—Application before Family Court—Rejection of—On the basis of higher qualification of wife and her social media status—The husband has failed to prove that the wife is actually employed—The evidence of petitioner is in the process of being recorded—The ends of justice would meet if the wife is awarded interim maintenance—The husband is directed to pay interim maintenance of Rs.7500/- per month to the wife  from  the  date  of  filing  of  Petition—The order passed by the Family Court, is set-aside—With the above directions the petition is partly allowed. Rule made partly absolute in the above terms. (Para 18, 19, 21, 22)...

Hindu Marriage Act, 1955—Section 24 and 25—Maintenance Pendente lite and Permanent Alimony—Indigent spouse Claim under—Seeking by Husband herein—Held, the sections in the Act of 1955 are enabling provisions and confer a right on the indigent spouse to claim maintenance either pendente lite or in the nature of permanent alimony—The term used "at any time subsequent thereto❞ cannot be made redundant, by giving constricted meaning to the words "wife or husband"—The court is empowered to grant the claim, which is just and proper and the payment can be secured if necessary, by creating charge on the immoveable property of the respondent—Section 25 is not only restricted to a decree of divorce, but the decree can also be for restitution of conjugal rights u/s 9, the decree can als...

Arbitration Act, 1940—Sections 17 and 30—Award of interest pendente lite—Supreme Court allowed appeals against the Gujarat High Court's judgment—The dispute arose from a contract between M/s Raveechee and Co. and the Union of India—The High Court partly allowed the Union of India's appeal, quashing the Arbitrators' order regarding Claim No. 12, which pertained to interest—The Arbitrators had awarded interest pendente lite, and the Union of India argued that it was barred by Clause 16(3) of the contract—The Supreme Court held that the clause did not restrict the arbitrator's power to award interest pendente lite and reinstated the Arbitrators' award. ...