First Marriage Irrelevant For Seeking Interim Maintenance under Section 24 of HMA: Allahabad High Court

The Allahabad High Court ruled that a woman’s previous marriage need not be considered when deciding her application for maintenance pendente lite under Section 24 of the Hindu Marriage Act, 1955.

The appeal arose after a Family Court dismissed the wife’s request during proceedings initiated by her husband seeking to nullify their marriage under Section 5(i) HMA.

Despite allegations of concealment and prior marital status, the Court emphasised that the focus under Section 24 is not the validity of the marriage but whether the applicant is financially dependent.

The Court noted that no documentary evidence was produced by the husband to prove the wife’s alleged employment.