BENGALURU: The Karnataka High Court pointed out that the family court has not followed the object and scope of Section 24 of the Hindu Marriage Act by rejecting an application filed by a wife for interim maintenance and litigation expenses on the ground that she lived with her husband for only 6-7 months. The high court remitted the matter back to the family court to consider the application afresh and pass orders.
Justice Dr K Manmadha Rao passed the order while disposing of the petition filed by a 24-year-old woman from Bengaluru, challenging the order dated September 17, 2025, passed by the VI additional principal judge, family court in the city.
Setting aside the order, the court said the matter has to be remitted back to the family court for fresh consideration on the affidavit of assets and liabilities concerned, along with other materials and to pass appropriate orders. The wife filed the interlocutory application under Section 24 of the Act, seeking interim maintenance of Rs 50,000 per month and litigation expenses of Rs 1 lakh. The husband filed his objections to it.
The family court dismissed her application, stating that she lived with her husband for only about 6-7 months, and is not entitled to any interim maintenance and litigation expenses and posted the matter for evidence.
The woman’s counsel submitted that she is studying BCom and is unemployed, while the husband works in Dubai as an accountant and is earning Rs 8 lakh per month.
The husband’s counsel submitted that the woman falsely contended that she is studying BCom and not employed. In fact, she is financially stable, the counsel submitted. Though the husband repeatedly requested her to join him in Dubai, the wife refused. The petition has to be dismissed, he prayed before the court.
The court said the primary objective of the provisions of Section 24 is to provide financial support to the claimant spouse, enabling them to maintain themselves and sustain the legal proceedings.
