Hindu Marriage Act, S. 24 – Maintenance – Where several marriages last for a short time – Inequitable to direct the contesting spouse to pay permanent alimony to the applicant for the rest of her life – Duration of marriage would be a relevant factor – Permanent alimony

hindu marriage act, 1955 (25 of 1955) Section 24 (as amended by Act 49 of 2001 w.e.f. 24.09.2001) – Criminal Procedure Code, 1974 (II of 1974) Section 125 – Family Courts Act, 1984 (16 of 1984) – Interim maintenance – In the first instance, the Family Court in compliance with the mandate of Section 9 of the Family Courts Act, 1984, must make an endeavour for settlement of the dispute – If the proceedings for settlement are unsuccessful, the Family Court would proceed with the matter on merits – A professional marriage Councillor must be made available in every Family Court – Contemporary society, where several marriages do not last for a reasonable length of time, it may be inequitable to direct the contesting spouse to pay permanent alimony to the applicant for the rest of her life – The duration of the marriage would be a relevant factor to be taken into consideration for determining the permanent alimony to be paid – Reasonable expenses for the marriage of children must be made at the time of determining permanent alimony – If there are any trust funds / investments created by any spouse / grandparents in favour of the children, this would also be taken into consideration while deciding the final child support. #2020

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Tags: CrPC S. 125, Family Courts Act, HMA S. 24, Maintenance

Tags: CrPC S. 125 Family Courts Act HMA S. 24 Maintenance

Hindu Marriage Act, S. 24 – Maintenance – Where several marriages last for a short time – Inequitable to direct the contesting spouse to pay permanent alimony to the applicant for the rest of her life – Duration of marriage would be a relevant factor – Permanent alimony

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CrPC S. 125 - Maintenance – Overlapping jurisdiction - Court would take into consideration the maintenance already awarded in the previous proceeding, and grant an adjustment or set-off of the said amount

Hindu Marriage Act, S. 24 - Permanent alimony – Quantum of maintenance - CrPC S. 125

Hindu Marriage Act, S. 24 – Maintenance – Where several marriages last for a short time – Inequitable to direct the contesting spouse to pay permanent alimony to the applicant for the rest of her life – Duration of marriage would be a relevant factor – Permanent alimony

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