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Enforcement of Order under Section 24 of the Hindu Marriage Act, 1955 not by Execution only but also by Stay/Dismissal of Petition/ Appeal and Contempt Action

By P. R. Thakur

Published In

Air 2005

An order passed under Section 24 of the Hindu Marriage Act, 1955 (“the Act”) awarding maintenance pendente lite and litigation expenses to a spouse can obviously be enforced by resorting to execution proceedings as provided under Section 28A of the Act. The question for consideration is whether such awardee-spouse who is unable to support himself/herself, has any other remedy available in law to enforce order of maintenance. There is no preponderance of the judicial opinion that keeping in view the spirit of the law behind award of maintenance and litigation expenses to a needy spouse, such an order can be enforced by more drastic means like stay of trial/dismissal of petition, adjournment sine die and even dismissal of appeal of defaulting party, striking off defence and even taking action for contempt against a party in contumacious default. The majority consensus of the judicial view on the issue is that in the context of the prevailing circumstances, payment of inter ....

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