SHYJU Vs. NADEERA

JUDGEMENT

(1.) Whether an application for maintenance pendente lite u/s 24 of the Hindu Marriage Act, 1955 would lie in a proceeding other than under the said Act?

(2.) The husband is the appellant. The wife and minor daughter are the respondents. The respondents filed OP No.304/2012 at the Family Court, Alappuzha (for short 'the court below') claiming return of gold ornaments, patrimony and maintenance. The appellant appeared at the court below and filed objection statement. During the pendency of the original petition, the respondents filed IA No.1119/2012 invoking S.24 of the Hindu Marriage Act,1955 and S.151 of the Code of Civil Procedure,1908 (for short "CPC") claiming pendente lite maintenance from the appellant @ Rs. 7,000/- and Rs. 8,000/- respectively. The court below allowed the said application and directed the appellant to pay maintenance @ Rs. 5,000/- per month to the respondents from the date of the application till the disposal of the OP. Since the appellant failed to comply with the said order, the respondents filed IA No.918/2014 invoking S.151 of CPC to strike off the defence of the appellant. The said application was allowed and the defence of the appellant was struck off. Thereafter, the 1st respondent filed proof affidavit and marked Exts.A1 to A3 documents. Relying on the ex parte evidence given by the respondents, original petition was allowed as per the judgment dated 8th October, 2014. The appellant was directed to return 38 1/2 sovereigns of gold ornaments and a sum of Rs. 1,80,000/-. The appellant was also directed to pay maintenance to the respondents @Rs. 5,000/- each per month from 5/3/2012 onwards. The said judgment is under challenge in this appeal.

(3.) We have heard Sri.S.Sanal Kumar, the learned counsel for the appellant and Sri.K.S.Madhusoodanan, the learned counsel for the respondents.