Right To Maintenance: Why High Courts Should follow The Lead Taken By The Delhi High Court
4 years, 9 months ago

Right To Maintenance: Why High Courts Should follow The Lead Taken By The Delhi High Court

Live Law  

Family Courts throughout India have faced issues pertaining to grant of maintenance. However it was in 2015 when the Delhi High Court via its Judgement in Kusum Sharma Vs. Mahinder Kumar Sharma issued directions that affidavits shall be filed by the parties in a format of "Affidavit of assets, income and Expenditure", forming part of the judgement as Annexure 'A'. The High Court through its various modifications in the Kusum Sharma judgement had evolved a mechanism for determining the actual income of the parties in all matrimonial cases including cases under Hindu Marriage Act, 1955, Protection of Women from Domestic Violence Act, 2005, Section 125 Cr.P.C., Hindu Adoption and Maintenance Act, 1956, Special Marriage Act, 1954, Indian Divorce Act, 1869, Guardians and Wards Act, 1890 and Hindu Minority and Guardianship Act, 1956. The Punjab & Haryana High Court is the only other High Court that has directed all the family courts in Punjab, Haryana and Chandigarh to follow the directions issued in the Kusum Sharma Judgements and prescribed the Affidavit of assets, income and expenditure to be filed mandatorily though its judgment passed in Jaspreet Singh Vs. Gurleen Kaur. The Supreme Court pawed way for High Courts to draw inspiration and introduce income affidavits introduced by the Delhi High Court as legitimate and time saving method for granting maintenance.

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History of this topic

Affidavit Disclosing Assets Mandatory In Maintenance Proceedings: Orissa HC Laments Non-Compliance Of SC Guidelines By Family Court
1 month, 2 weeks ago

Affidavit Disclosing Assets Mandatory In Maintenance Proceedings: Orissa HC Laments Non-Compliance Of SC Guidelines By Family Court

Live Law  

The Orissa High Court has expressed displeasure over the recalcitrance of a Family Court in following guidelines issued by the Supreme Court which mandated a person to file an affidavit disclosing his/her assets while making a maintenance application and the respondent to submit his reply along with a similar asset affidavit, only after which a maintenance case can be decided. …

Delhi High Court's Administrative Side To Consider Amending Or Framing Rules To Expedite Proceedings Before Family Courts
1 month, 3 weeks ago

Delhi High Court's Administrative Side To Consider Amending Or Framing Rules To Expedite Proceedings Before Family Courts

Live Law  

The Delhi High Court's administrative side is set to consider framing appropriate rules or amending the existing rules to streamline the procedure to expedite proceedings before the Family Courts in the national capital. His counsel handed over to the Court a copy of the decision Kerala High Court in Shiju Joy v. Nisha wherein certain directions were issued for streamlining …

Delhi High Court Weekly Round-Up: January 20 To January 26, 2025
2 months ago

Delhi High Court Weekly Round-Up: January 20 To January 26, 2025

Live Law  

Citations 2025 LiveLaw 66 to 2024 LiveLaw 94NOMINAL INDEXM/s Jaiprakash Associates Limited v. M/s NHPC Limited 2025 LiveLaw 66 KBS Industries Ltd & Anr. 2025 LiveLaw 90 VIJENDER GUPTA & ORS v. GOVERNMENT OF NATIONAL CAPITAL TERRITORY OF DELHI & ORS 2025 LiveLaw 91 Principal Commissioner Of Income Tax – 1, New Delhi v. DCM Shriram Ltd. 2025 LiveLaw 92 …

Tax Weekly Round-Up: January 13 - January 19, 2025
2 months, 1 week ago

Tax Weekly Round-Up: January 13 - January 19, 2025

Live Law  

SUPREME COURT 'Will Pull You Up' : Supreme Court Asks GST Department To Rectify Issues Over Fake Invoices, Asks How Genuine Purchasers Are Liable The Supreme Court on Wednesday flagged a recurring problem in GST matters whereby genuine purchasers who paid Goods and Services Tax face issues because their suppliers raised fictitious bills to evade crediting the GST to the …

Tax Weekly Round-Up: 6th January - 12th January 2025
2 months, 1 week ago

Tax Weekly Round-Up: 6th January - 12th January 2025

Live Law  

SUPREME COURT Reduction In Share Capital Amounts To Transfer Of Capital Asset Under Income Tax Act : Supreme Court Case Name: PRINCIPAL COMMISSIONER OF INCOME TAX-4 & ANR v. M/S. : While directing that the order under Section 73 of the Goods and Service Tax Act, 2017 uploaded in the “Additional Notices and Tabs” on the GST portal be treated …

Maintenance Right Of Wife & Children Overrides Creditors' Claims Under SARFAESI/IBC On Husband's Assets : Supreme Court
3 months, 2 weeks ago

Maintenance Right Of Wife & Children Overrides Creditors' Claims Under SARFAESI/IBC On Husband's Assets : Supreme Court

Live Law  

While giving precedence to the maintenance rights of a man's wife and children over the rights of creditors under recovery proceedings, the Supreme Court recently observed that right to maintenance is equivalent to a fundamental right and shall have an overriding effect over statutory rights of creditors, etc. In appeal, the Gujarat High Court enhanced the amounts, granting the respondent-wife …

During Divorce Proceedings, Wife Entitled To Enjoy Same Life Amenities She Was Enjoying In Matrimonial Home : Supreme Court
4 months, 1 week ago

During Divorce Proceedings, Wife Entitled To Enjoy Same Life Amenities She Was Enjoying In Matrimonial Home : Supreme Court

Live Law  

While awarding Rs.1.75 Lakhs as monthly interim maintenance to a wife during the divorce proceedings, the Supreme Court observed that the wife is entitled to the same standard of living during the divorce proceedings as what she enjoyed during the marriage.“The appellant was accustomed to a certain standard of living in her matrimonial home and therefore, during the pendency of. …

Direct Tax Cases Weekly Round-Up: 17 To 23 March 2024
1 year ago

Direct Tax Cases Weekly Round-Up: 17 To 23 March 2024

Live Law  

Delhi High Court Case Title: National Association Of Software And Services Companies Versus Deputy Commissioner Of Income Tax Circle 2 The Delhi High Court has held that a 20% pre-deposit demand is not a precondition for consideration of a stay application during the pendency of the first appeal. Case Title: The Salem Urban Co-operative Bank limited Versus The Income Tax …

Delhi High Court Issues Directions For Immediate Financial Assistance, Recovery Of Back Wages For Rescued Child Labourers
1 year, 2 months ago

Delhi High Court Issues Directions For Immediate Financial Assistance, Recovery Of Back Wages For Rescued Child Labourers

Live Law  

The Delhi High Court has issued a slew of directions for immediate financial assistance, recovery of back wages and legal proceedings to be followed by the authorities in the post rescue protocol of child labourers in the national capital. A division bench of Acting Chief Justice Manmohan and Justice Manmeet Pritam Singh Arora directed that when a rescued child is …

Delhi High Court Orders Mandatory E-Filing For Civil & Criminal Cases In District Courts, Digitisation Of Records Of Decided Cases
1 year, 2 months ago

Delhi High Court Orders Mandatory E-Filing For Civil & Criminal Cases In District Courts, Digitisation Of Records Of Decided Cases

Live Law  

The Delhi High Court has recently ordered that e-filing of pleadings, documents and interim applications be made mandatory in the civil jurisdictions and criminal complaint cases before all the District Courts in the national capital.Directing that the “Centralised Filing System” for filings related to ongoing and pending cases be implemented in all the District Courts, a division bench. The Delhi …

Overlapping Jurisdiction To Grant Maintenance Under Different Legislations Leads To Conflicting Orders, 'Forum Shopping': Delhi High Court
1 year, 3 months ago

Overlapping Jurisdiction To Grant Maintenance Under Different Legislations Leads To Conflicting Orders, 'Forum Shopping': Delhi High Court

Live Law  

The Delhi High Court has recently said that there is an overlapping of jurisdiction to grant interim maintenance under various enactments which leads to conflicting judgments or orders at different stages between the parties.“Such conflicting Orders, in the similar facts and without any change in circumstances, under overlapping jurisdiction of different Acts, creates a sense of. The Delhi High Court …

Family Courts Not Empowered To Grant Divorce On 'Irretrievable Breakdown Of Marriage', Must Restrict To Statutory Provisions: Delhi High Court
1 year, 6 months ago

Family Courts Not Empowered To Grant Divorce On 'Irretrievable Breakdown Of Marriage', Must Restrict To Statutory Provisions: Delhi High Court

Live Law  

The Delhi High Court has ruled that irretrievable breakdown of marriage is not a ground for seeking divorce and that Family Courts must strictly restrict their considerations to the statutory provisions like those under the Hindu Marriage Act, 1955. Irretrievable breakdown of marriage is not a ground in the Act.” The court made the observations while setting aside a family …

Highly Qualified And Earning Wife Not Disclosing Her True Income Won't Be Entitled To Maintenance From Husband: Delhi High Court
1 year, 6 months ago

Highly Qualified And Earning Wife Not Disclosing Her True Income Won't Be Entitled To Maintenance From Husband: Delhi High Court

Live Law  

The Delhi High Court has said that a wife cannot be entitled to maintenance by the husband when she is highly qualified and has been earning even after her marriage, though she does not truthfully disclose her true income. While upholding a family court order dismissing a wife’s application for maintenance under Section 24 of Hindu Marriage Act, 1955, a …

Delhi High Court Directs District Courts To Adopt Standardized Online Filing System, Issues Directions
1 year, 7 months ago

Delhi High Court Directs District Courts To Adopt Standardized Online Filing System, Issues Directions

Live Law  

The Delhi High Court has directed all the district courts in the national capital to adopt a “standardized online filing system” for pleadings, documents, and miscellaneous applications and issued a slew of directions to be followed till the time appropriate Rules are in place. A division bench of Chief Justice Satish Chandra Sharma and Justice Sanjeev Narula directed the District …

Delhi High Court Upholds Validity Of Provision Allowing Deduction In Pay For Payment Of Maintenance To Air Force Personnel's Wife, Children
2 years, 2 months ago

Delhi High Court Upholds Validity Of Provision Allowing Deduction In Pay For Payment Of Maintenance To Air Force Personnel's Wife, Children

Live Law  

The Delhi High Court has upheld the constitutional validity of Section 92 of the Air Force Act, 1950 which allows deduction from the pay and allowance of Air Force personnel for maintenance of the wife and their children.A division bench of Justice Sanjeev Sachdeva and Justice Rajnish Bhatnagar also upheld an office order issued by Air Force on February 6, …

S.125 CrPC Meant For Immediate Support, Courts Cannot Be Hyper Technical In Their Approach: Bombay High Court
2 years, 8 months ago

S.125 CrPC Meant For Immediate Support, Courts Cannot Be Hyper Technical In Their Approach: Bombay High Court

Live Law  

The Aurangabad Bench of Bombay High Court while deciding a writ petition related to maintenance said that courts should not get too technical while deciding petitions under section 125 of the Cr.P.C. Justice Vibha Kankanwadi was dealing with a petition under Article 226 and 227 of the Constitution challenging order of the lower court dismissing the petitioner's maintenance application. The …

Amount Spent By A Man To Support His Divorced Sister Must Be Kept In Mind While Granting Maintenance To His Wife: Delhi High Court
2 years, 9 months ago

Amount Spent By A Man To Support His Divorced Sister Must Be Kept In Mind While Granting Maintenance To His Wife: Delhi High Court

Live Law  

The Delhi High Court has observed that in India, a brother does not abandon his divorced sister and accordingly, the expenditure borne by him in supporting his sister must be taken into account while passing an order of maintenance in favour of his wife. The Delhi High Court has observed that in India, a brother does not abandon his divorced …

Delhi High Court Issues Practice Directions To Ensure Service Of Counter Affidavit To All Respondents In Cases Involving More Than One Respondents
2 years, 10 months ago

Delhi High Court Issues Practice Directions To Ensure Service Of Counter Affidavit To All Respondents In Cases Involving More Than One Respondents

Live Law  

The Delhi High Court has issued practice directions to the effect that in cases involving more than one respondents, if any counter affidavit is sought to be filed by any of them, the same shall not be taken on record till copies thereof are served not only on the counsel for the petitioner but also on the counsel appearing for …

High Courts Weekly Roundup [December 20, 2021 To December 26, 2021]
3 years, 3 months ago

High Courts Weekly Roundup [December 20, 2021 To December 26, 2021]

Live Law  

Allahabad High CourtAllahabad High Court Directs UP Govt To Regularly Update State Enactments, Amendments On Official Websites The High Court called upon the Uttar Pradesh Government to regularly update the text of the state laws, along with the amendments, if made, on its official websites. Other Developments: Specify Details Of Website, Platform Where Info On Criminal History Of Citizens Is …

Delhi High Court Seeks Response Over Steps Taken To Streamline Expeditious Disposal Of Trials In UAPA Cases Before Special Designated Courts
3 years, 3 months ago

Delhi High Court Seeks Response Over Steps Taken To Streamline Expeditious Disposal Of Trials In UAPA Cases Before Special Designated Courts

Live Law  

The Delhi High Court has directed it's Registry to file a further affidavit indicating the steps taken in order to streamline expeditious disposal of trials in Unlawful Activities Act cases pending before Special Designated Courts in the national capital. Justice Mukta Gupta directed Advocate Gaurav Agarwal, representing the Delhi High Court in the matter, to file the said affidavit while …

S.125 CrPC- Father Not Absolved From Maintaining Children Merely Because Mother Is Also Earning: Delhi High Court
3 years, 5 months ago

S.125 CrPC- Father Not Absolved From Maintaining Children Merely Because Mother Is Also Earning: Delhi High Court

Live Law  

The Delhi High Court has observed that in households where women are working and are able to sufficiently maintain themselves, it does not automatically absolve the husband of his responsibility to provide sustenance for his children.The observation was made in connection to revision of maintenance order passed by the High Court under Section 125 of CrPC.Justice Subramonium Prasad observed that. …

Family Courts Expected To Act With Due Application Of Mind Without Being Hyper- Technical, Should Have Litigant Friendly Approach: Delhi High Court
3 years, 6 months ago

Family Courts Expected To Act With Due Application Of Mind Without Being Hyper- Technical, Should Have Litigant Friendly Approach: Delhi High Court

Live Law  

The Delhi High Court has observed that the family courts are expected to act with due application of mind without being hyper technical, having a litigant friendly approach.Justice Vipin Sanghi and Justice Jasmeet Singh observed thus:"The Family Court is obliged to function so as to relieve the parties of the suffering that they are going through on account of matrimonial …

High Courts Weekly Roundup [August 23, 2021 To August 28, 2021]
3 years, 6 months ago

High Courts Weekly Roundup [August 23, 2021 To August 28, 2021]

Live Law  

Allahabad High Court 1. Calcutta High Court Explains The High Court recently had the opportunity to extensively define what constitutes a "commercial dispute" as contemplated under Section 2 of the Commercial Courts Act, 2015. Delhi High Court Issues Notice To Centre On WhatsApp's Plea Challenging Traceability Clause Under IT Rules 2021 A Division Bench of Chief Justice DN Patel and …

High Courts Weekly Roundup [June 28, 2021 To July 4, 2021]
3 years, 8 months ago

High Courts Weekly Roundup [June 28, 2021 To July 4, 2021]

Live Law  

Allahabad High Court 1. "Homeless Persons Should Also Work For The Country, Everything Cannot Be Provided By The State": Bombay High Court Disposing of a public interest litigation seeking relief measures for the homeless and poor persons, a division bench comprising of Chief Justice Dipankar Datta and Justice Girish S Kulkarni orally observed they the homeless persons should also work …

Delhi High Court Constitutes Committee To Supervise Implementation Of Employee's Compensation Claims Scheme
3 years, 9 months ago

Delhi High Court Constitutes Committee To Supervise Implementation Of Employee's Compensation Claims Scheme

Live Law  

The Delhi High Court has constituted a 6 member committee for supervising the implementation of the Special Scheme For Employee's Compensation Claims formulated by the Court to be implemented by the Commissioners of Delhi Police and Insurance Companies with effect from 2nd August, 2021.A single judge bench comprising of Justice JR Midha constituted the Committee after the Court had. The …

Delhi High Court (FB) Mandates Filing Of Convict's Income Affidavit & Victim Impact Report To Determine Compensation U/S. 357 CrPC
4 years, 3 months ago

Delhi High Court (FB) Mandates Filing Of Convict's Income Affidavit & Victim Impact Report To Determine Compensation U/S. 357 CrPC

Live Law  

Holding that Section 357 of CrPC for payment of compensation to victims is a mandatory provision, the Delhi High Court recently issued directions to the Trial Courts to take steps to implement the same. Reference may also be had to Ankush Shivaji Gaikwad v. State of Maharashtra, 6 SCC 770, wherein the Supreme Court had given directions that the Courts …

UP Family Court Directs Woman To Pay Rs. 1000 As Monthly Maintenance To Husband
4 years, 5 months ago

UP Family Court Directs Woman To Pay Rs. 1000 As Monthly Maintenance To Husband

Live Law  

A family court at Muzaffarnagar District in Uttar Pradesh has directed a woman to pay a monthly maintenance allowance to her husband, the PTI reports.The woman, who is a government pensioner, and her husband have been living separately for many years and the latter had filed a petition in 2013 under the Hindu Marriage Act, 1955, seeking maintenance from his …

'Any Obstruction In The Discharge of Constitutional Functions Of Courts Must Be Viewed Seriously', HC Directs Delhi Govt To Release Funds For Requirements Of District Courts [Read Order]
4 years, 5 months ago

'Any Obstruction In The Discharge of Constitutional Functions Of Courts Must Be Viewed Seriously', HC Directs Delhi Govt To Release Funds For Requirements Of District Courts [Read Order]

Live Law  

Delhi High Court has directed the Delhi Government to to start with releasing funds for purchasing 20% of the pool cars required by the District Courts within three months from today. While directing the Delhi Government to clear pending proposals to finance the District Courts, the Division Bench of Justice Hima Kohli and Justice Subramonium Prasad highlighted that: 'Despite the …

Delhi High Court mandates attested affidavits to file petitions, suits
4 years, 5 months ago

Delhi High Court mandates attested affidavits to file petitions, suits

India TV News  

The Delhi High Court on Tuesday declined to strike down with its administrative order which makes it mandatory to file petitions and suits, accompanied with affidavits which are duly attested by the oath commissioner. The bench, however, granted liberty to the woman petitioner to file an exemption application before each of the courts concerned explaining the facts and circumstances and …

Delhi High Court Refuses To Transfer A Declaration Suit Between The Parties To Marriage To Family Courts [Read Order]
4 years, 5 months ago

Delhi High Court Refuses To Transfer A Declaration Suit Between The Parties To Marriage To Family Courts [Read Order]

Live Law  

By way of background, the Delhi High Court in Amina Bharatram v Sumant Bharatram & Others CS OS No. 411/2010 pronounced on 19th July 2016, held that "the Delhi High Court is a "district court" under Section 8 in respect of all matters enumerated in Explanation to Section 7 of the Act &The Delhi High Court does not possess jurisdiction …

Delhi HC Modifies Format Of Assets, Income And Expenditure To Be Filed By Parties To A Matrimonial Litigation [Read Judgment]
4 years, 7 months ago

Delhi HC Modifies Format Of Assets, Income And Expenditure To Be Filed By Parties To A Matrimonial Litigation [Read Judgment]

Live Law  

The Delhi High Court on Thursday modified the format of assets, income and expenditure that has to be filed by both the parties, at the very threshold of matrimonial litigation. In pending maintenance cases, if the parties have not already filed the affidavit of their assets, income and expenditure, the Court shall direct the parties to file their affidavit. If …

Insist On Income & Assets Affidavit In Matrimonial Cases, Directs P&H HC [Read Judgment]
5 years, 2 months ago

Insist On Income & Assets Affidavit In Matrimonial Cases, Directs P&H HC [Read Judgment]

Live Law  

On Monday, the Punjab and Haryana High Court directed all family courts in the state to insist on affidavit of assets, income & expenditure in all matrimonial cases, to avoid unnecessary burden on wives seeking maintenance. Furnishing of such affidavits would check the practice of playing "hide and seek" game in such cases where an attempt is made by a …

Time Slots, Actual Dates, Costs To Check Delays & Pendency In New Delhi HC (Original Side) Rules, 2018 [Read Rules]
7 years, 2 months ago

Time Slots, Actual Dates, Costs To Check Delays & Pendency In New Delhi HC (Original Side) Rules, 2018 [Read Rules]

Live Law  

The Delhi High Court has notified the Delhi High Court Rules, 2018, which provides for cutting down time of litigation, weeding out frivolous cases, checking too many adjournments and imposing cost throughout, especially wherever delay caused is unjustified.The rules supersede the 1967 Rules with respect to practice and procedure for exercise of its ordinary original. The Delhi High Court has …

Management Of Original Suits By Delhi HC: Harish Salve To Suggest Suitable Remedies to SC [Read Order]
7 years, 2 months ago

Management Of Original Suits By Delhi HC: Harish Salve To Suggest Suitable Remedies to SC [Read Order]

Live Law  

Senior counsel representing the Delhi High Court, Harish Salve, told the Supreme Court bench of justices Ranjan Gogoi and R.Banumathi, that he would suggest amendments of existing laws, to ensure timely and expeditious disposal of civil suits by the Delhi High Court, particularly, those involving commercial disputes.The bench requested Salve to put his suggestions in the form of a note …

Management Of Original Suits By Delhi HC: Harish Salve To Suggest Suitable Remedies to SC [Read Order]
7 years, 2 months ago

Management Of Original Suits By Delhi HC: Harish Salve To Suggest Suitable Remedies to SC [Read Order]

Live Law  

Senior counsel representing the Delhi High Court, Harish Salve, told the Supreme Court bench of justices Ranjan Gogoi and R.Banumathi, that he would suggest amendments of existing laws, to ensure timely and expeditious disposal of civil suits by the Delhi High Court, particularly, those involving commercial disputes.The bench requested Salve to put his suggestions in the form of a note …

Not Mandatory To File Affidavit Of Assets, Income Etc. Along With Petition And Written Statement In Maintenance Proceedings: Delhi HC [Read Order]
7 years, 3 months ago

Not Mandatory To File Affidavit Of Assets, Income Etc. Along With Petition And Written Statement In Maintenance Proceedings: Delhi HC [Read Order]

Live Law  

The Delhi High Court has modified its orders issued on 14 January, 2015 and 29 May, 2017, and has made it non-mandatory to file affidavit of assets, income and expenditure along with the Petition and Written Statements in maintenance proceedings.The Court had, on 14 January, 2015, laid down the guidelines for expeditious hearing and disposal of maintenance applications under Section …

Not Mandatory To File Affidavit Of Assets, Income Etc. Along With Petition And Written Statement In Maintenance Proceedings: Delhi HC [Read Order]
7 years, 3 months ago

Not Mandatory To File Affidavit Of Assets, Income Etc. Along With Petition And Written Statement In Maintenance Proceedings: Delhi HC [Read Order]

Live Law  

The Delhi High Court has modified its orders issued on 14 January, 2015 and 29 May, 2017, and has made it non-mandatory to file affidavit of assets, income and expenditure along with the Petition and Written Statements in maintenance proceedings.The Court had, on 14 January, 2015, laid down the guidelines for expeditious hearing and disposal of maintenance applications under Section …

High Courts Weekly Round-Up
7 years, 10 months ago

High Courts Weekly Round-Up

Live Law  

Allahabad High CourtAllahabad High Court on Friday directed the Yogi Adityanath-led Uttar Pradesh government to issue new licenses and renew old ones for slaughterhouses and meat shops.The High Court on Monday refused to allow an Advocate who was above 45 years of age on the date specified in the recruitment Allahabad High Court Allahabad High Court on Friday directed the …

High Courts Weekly Round-Up
8 years, 2 months ago

High Courts Weekly Round-Up

Live Law  

Allahabad High CourtThe Allahabad High Court observed that the levy of entry tax on e-commerce sites is prima facie unconstitutional as the state legislature has no authority or competence to do so.Bombay High CourtA division bench of Justice Abhay Oka and Justice GS Kulkarni of the Bombay High Court cautioned family courts to follow the law in letter and spirit, …

High Courts Weekly Round-Up
8 years, 2 months ago

High Courts Weekly Round-Up

Live Law  

Allahabad High CourtThe Allahabad High Court observed that the levy of entry tax on e-commerce sites is prima facie unconstitutional as the state legislature has no authority or competence to do so.Bombay High CourtA division bench of Justice Abhay Oka and Justice GS Kulkarni of the Bombay High Court cautioned family courts to follow the law in letter and spirit, …

Husband Can't Deny Maintenance to Wife, Kids Merely Because Wife Earns More
8 years, 2 months ago

Husband Can't Deny Maintenance to Wife, Kids Merely Because Wife Earns More

Live Law  

The Punjab and Haryana High Court has dismissed a petition against the decision of the district court, Pathankot, which granted the wife right to maintenance under the Hindu Marriage Act, 1955 even when she was earning more than her husband.The lower court had ordered the husband to pay Rs. The Punjab and Haryana High Court has dismissed a petition against …

11 Factors to be considered by the Court while awarding interim Maintenance
8 years, 7 months ago

11 Factors to be considered by the Court while awarding interim Maintenance

Live Law  

Delhi High Court has recently re-iterated the factors to be considered by the Court while deciding an application for interim Maintenance. A Division Bench of Justices Pradeep Nandrajog and Pratibha Rani has observed that the object behind Section 24 of the Hindu Marriage Act, 1955 is to provide for maintenance, pendente-lite, to a spouse in matrimonial proceedings so that during …

High Courts Weekly Round-Up
9 years, 4 months ago

High Courts Weekly Round-Up

Live Law  

Delhi High CourtThe Court also suspended a disciplinary action against a student, which had debarred him from entering the college premises, attending classes, from participation or representing the college in any of its activities, and to appear in the university/ college examinations, for one year. Disposing of the Public Interest Litigation, the first bench of the High Court comprising of …

High Courts Weekly Round-Up
9 years, 4 months ago

High Courts Weekly Round-Up

Live Law  

Delhi High CourtThe Court also suspended a disciplinary action against a student, which had debarred him from entering the college premises, attending classes, from participation or representing the college in any of its activities, and to appear in the university/ college examinations, for one year. Disposing of the Public Interest Litigation, the first bench of the High Court comprising of …

Husband and Wife have to file detailed Affidavits of Income, Assets and Expenditure during divorce proceedings; Delhi High Court [Read the Judgment]
10 years, 2 months ago

Husband and Wife have to file detailed Affidavits of Income, Assets and Expenditure during divorce proceedings; Delhi High Court [Read the Judgment]

Live Law  

The Delhi High Court have issued direction that both the husband and the wife need to file detailed affidavits of income, assets and expenditure at the time of filing for divorce or maintenance petitions. Now hiding of assets and income at the time of divorce or maintenance proceedings will put in difficulty with the Delhi High Court.Justice J R Midha …

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