Maintenance, Legitimacy, and Jurisdiction

1. Permanent Alimony and Maintenance (Sections 24–25)

• Section 24: Either spouse may claim interim maintenance and expenses during proceedings.

• Section 25: Provides for permanent alimony upon decree of divorce or judicial separation.
  The court considers the income, conduct, and circumstances of both parties.
  In Kalyan Dey Chowdhury v. Rita Dey Chowdhury (2017), the Supreme Court held that maintenance should generally not exceed 25% of the husband’s net monthly salary unless special circumstances exist.

2. Legitimacy of Children (Section 16)

Children born from void and voidable marriages are deemed legitimate, regardless of the nullity of the marriage. However, such legitimacy is confined to inheritance of parental property and not to ancestral property.

3. Jurisdiction and Procedural Aspects

Under Section 19, petitions under this Act may be filed where:

• The marriage was solemnized;

• The respondent resides;

• The parties last resided together;

• The petitioner currently resides (if the respondent is outside India).

Family Courts (established under the Family Courts Act, 1984) exercise exclusive jurisdiction in matrimonial matters.

4. Role of Reconciliation

Under Section 23(2), the court must attempt reconciliation before granting relief in matrimonial disputes, emphasising preservation of marriage where possible.

5. Recent Developments

The judiciary has recognised domestic violence and mental cruelty through electronic communication as valid grounds for divorce and maintenance, ensuring gender neutrality and fairness in matrimonial justice.

Review Questions 

1. What are the key provisions regarding maintenance under Sections 24 and 25?

2. How does Section 16 protect the legitimacy of children from void marriages?

3. Explain the jurisdictional rules under Section 19.

4. Discuss the role of reconciliation under Section 23(2).

5. What are the latest judicial trends regarding electronic evidence in matrimonial cases?