SMT. JASBIR KAUR SEHGAL versus THE DISTRICT JUDGE DEHRADUN AND ORS.

SMT. JASBIR KAUR SEHGAL versus THE DISTRICT JUDGE DEHRADUN AND ORS.

Wife with no income, maintaining eldest unmarried daughter, is entitled to maintenance pendente lite encompassing both herself and daughter. Maintenance is to be fixed considering the husband's status, capacity to pay, and wife's needs, and should not be excessive or extortionate. Maintenance fixed at Rs. 5,000 per...

Source-derived case information.

Parties
Appellant: Smt. Jasbir Kaur Sehgal; Respondent: J.K. Sehgal; Proforma Respondent: District Judge Dehradun; Proforma Respondent: Additional Civil Judge (II), Dehradun
Jurisdiction
India
Judgment Date
27 August 1997
Procedural Posture
Civil Appeal / Appeal Against High Court Judgment
Outcome
Appeal allowed; High Court judgment modified.
Legal Topics
Maintenance Pendente Lite, Divorce Proceedings, Hindu Marriage Act, Hindu Adoption and Maintenance Act
Family Law Maintenance Pendente Lite Divorce Proceedings Hindu Marriage Act Hindu Adoption and Maintenance Act

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Parties

Smt. Jasbir Kaur Sehgal

Appellant

J.K. Sehgal

Respondent

District Judge Dehradun

Proforma Respondent

Additional Civil Judge (II), Dehradun

Proforma Respondent

Procedural Posture

Civil Appeal / Appeal Against High Court Judgment

Legal Issues

  1. 1 Whether wife is entitled to maintenance pendente lite including maintenance of unmarried daughter
  2. 2 Criteria for determining maintenance under Section 24 of Hindu Marriage Act
  3. 3 Date from which maintenance pendente lite is payable

Ratio Decidendi

Wife with no income, maintaining eldest unmarried daughter, is entitled to maintenance pendente lite encompassing both herself and daughter. Maintenance is to be fixed considering the husband's status, capacity to pay, and wife's needs, and should not be excessive or extortionate. Maintenance fixed at Rs. 5,000 per month payable from the date of the High Court order, with arrears to be paid within two months.

Court Disposition

Appeal allowed; High Court judgment modified.

Orders

  • Maintenance pendente lite fixed at Rs. 5,000 per month payable by respondent-husband to appellant-wife.
  • Maintenance payable from October 16, 1996, date of High Court order.