Legal Advice

Interim maintenance will be allowed

Question: Dear sir, My question is towards interim maintenance. I have filed my divorce case on may’ 2007 against adultery ground (a video clip with her office colleague) at 1st ADJ Baruckpur court, West Bengal. That time my wife filed an application under section 24 for alimony, the case was rejected on may’2009, because she was a working lady. Then she files for shifting the court from barrackupur to barasat on April’2010, accordingly case shifted barrackpur to barasat 1st ADJ After few months she again file application under section 24 and that time allow Rs 3500 PM on August 2010, because presently she is not a working lady, changes of circumstances. But that time I was unable to pay the amount because I have no income. So, they stay my case for further processing. after few months she moves to Calcutta high court for revision/modification of the order, that time H/C grant Rs – 5000 PM and accordingly on August 2012 I pay the said amount till date and it is due. But presently (aug’2014)she files sec – 9 for further alimony and barasat 2nd ADJ grant Rs – 8000 PM now she also moves to High court for further modification. Sir, in the above circumstances my main case divorce (13, 13A )which have a concrete adultery ground, that is not process & that is standing still. intentionally she tries to delay my case and try to stay. any time she files some new issue and my case delay but as per court direction, I am bound to pay the amount. I hereby request you, please guide me how shall I process & move further. Presently I have no stable income.


What had you been doing during the pendency of the suit? Section 24 of the Hindu Marriage act relates to interim maintenance during the pendency (pendente lit) of the application. Only interim maintenance could be given. You should file a criminal case against the person with whom your wife was in relation because the offence of adultery is committed against the husband and the only husband has the right to initiate the criminal proceeding by filing a complaint. But after the lapse of 8 years, it can’t be possible.

You should take a certified copy of the order sheet for at least 6 months and present an application before the High court for the expedited hearing of the case. High court may pass an order and give a fixed time period for disposal of the case without giving unnecessary adjournments.

However, the family court may pass ex parte decree on the basis of evidence on the record but it is the discretionary power of the court and you can’t lead as a matter of right.

You should file a writ petition under Article 227 of the constitution of India for expediting the hearing of your case. High court may pass appropriate order and family court is bound by that order to decide your case in the stipulated time period. If the court gives unnecessary adjournment in the case, you should file contempt of court proceeding against the family court.

If you get a divorce on the ground of proved adultery then your wife will be disentitled to get alimony. Adulterous wife has no right to maintenance under section 25 of the Hindu Marriage Act, section 18 of Hindu Adoption and Maintenance Act and section 125 of the Code of Criminal Procedure.

Shivendra Pratap Singh


High Court Lucknow