Courts Should Not Adjudicate From 'Ivory Tower': Punjab & Haryana HC On Family Court's Denial Of Interim Maintenance To Wife
1 month ago

Courts Should Not Adjudicate From 'Ivory Tower': Punjab & Haryana HC On Family Court's Denial Of Interim Maintenance To Wife

Live Law  

The Punjab & Haryana High Court has said that Courts are mandated to adopt a pragmatic approach by focusing on the substantive financial realities rather than being influenced by the mere formal appearance of employment or income in maintenance proceeding.The Court modified the order of a Family Court wherein, it did not grant any maintenance to wife because she held a position of a. The Punjab & Haryana High Court has said that Courts are mandated to adopt a pragmatic approach by focusing on the substantive financial realities rather than being influenced by the mere formal appearance of employment or income in maintenance proceeding. "The mere fact that a wife has previously been employed or had an independent source of income in the past cannot serve as a valid ground for denying her maintenance claim from her husband," added the Court. Merely Because Wife Was Previously Employed Cannot Be Ground To Deny Maintenance Claim From Husband The Court made it clear that the mere fact that a wife has previously been employed or had an independent source of income in the past cannot serve as a valid ground for denying her maintenance claim from her husband.

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History of this topic

Salary Of Army Personnel Can't Be Attached To Realise Maintenance Arrears, Only Central Govt Authorised To Make Deductions: Punjab & Haryana HC
4 days, 14 hours ago

Salary Of Army Personnel Can't Be Attached To Realise Maintenance Arrears, Only Central Govt Authorised To Make Deductions: Punjab & Haryana HC

Live Law  

The Punjab and Haryana High Court has said that the salary of an Army personnel cannot be attached to realise the arrears of maintenance under Section 125 CrPC, as only the Central government is authorised to make deductions. Justice Harpreet Singh Brar said, “In furtherance of the legislative intent behind Sections 25 and 91 of the Army Act, while the …

Wife Must Show Cogent Reasons To Transfer Matrimonial Proceedings Instituted By Her, Mere Transferrable Job Not Ground: Punjab & Haryana HC
3 weeks, 6 days ago

Wife Must Show Cogent Reasons To Transfer Matrimonial Proceedings Instituted By Her, Mere Transferrable Job Not Ground: Punjab & Haryana HC

Live Law  

The Punjab and Haryana High Court has said that the transfer of matrimonial cases cannot be allowed merely on the ground that the wife being in transferable job has shifted to another place.Justice Sumeet Goel said, "In case; if wife in question is employed in a transferable job, she cannot be permitted to seek transfer nay repeated transfer of the …

Wife Must Show Cogent Reasons To Transfer Matrimonial Proceedings Instituted By Her, Mere Transferrable Job Not Ground: Punjab & Haryana HC
3 weeks, 6 days ago

Wife Must Show Cogent Reasons To Transfer Matrimonial Proceedings Instituted By Her, Mere Transferrable Job Not Ground: Punjab & Haryana HC

Live Law  

The Punjab and Haryana High Court has said that the transfer of matrimonial cases cannot be allowed merely on the ground that the wife being in transferable job has shifted to another place.Justice Sumeet Goel said, "In case; if wife in question is employed in a transferable job, she cannot be permitted to seek transfer nay repeated transfer of the …

Whether Pension Can Be Attached In Execution Of Maintenance Order Granted To Wife? Punjab & Haryana High Court Refers To Larger Bench
1 month, 2 weeks ago

Whether Pension Can Be Attached In Execution Of Maintenance Order Granted To Wife? Punjab & Haryana High Court Refers To Larger Bench

Live Law  

The Punjab & Haryana High Court has referred the question to larger bench on whether pension of the judgement-debtor in execution proceedings arising from maintenance order can be attached.Justice Harpreet Singh Brar explained that neither the maintenance allowance granted to the wife or minor children can be considered to be a 'debt' nor the wife or minor children can be …

High Court Rules on Adultery Allegations Against Wife in Maintenance Case
1 month, 3 weeks ago

High Court Rules on Adultery Allegations Against Wife in Maintenance Case

Live Law  

The Allahabad High Court has ruled that allegations of adultery against a wife must be decided before the application for maintenance under Section 125 CrPC. The court observed that the Trial Court had made no observation regarding the allegations of adultery on part of the wife, granting interim stay on the order of the Trial Court.

Widowed Daughter-in-law Not Required to Live in Matrimonial Home for Maintenance: Allahabad HC
3 months, 2 weeks ago

Widowed Daughter-in-law Not Required to Live in Matrimonial Home for Maintenance: Allahabad HC

News 18  

In a significant ruling, the Allahabad High Court held that under the Hindu Adoptions and Maintenance Act, 1956, it is not mandatory for a widowed daughter-in-law to reside in her matrimonial home to claim maintenance from her father-in-law. “Merely because the lady may have made that choice may neither lead us to the conclusion that she had separated from her …

Nullity Of Marriage Doesn't Bar Wife From Claiming Maintenance: Madras High Court
4 months ago

Nullity Of Marriage Doesn't Bar Wife From Claiming Maintenance: Madras High Court

Live Law  

While refusing to interfere with an order granting maintenance to the wife, the Madras High Court said that it was a settled position that even if a marriage was declared null by a competent court, it would not bar the wife from claiming maintenance. “Now even more or less well settled to the effect that nullity of marriage even if …

Adult offspring entitled to interim maintenance till attaining financial stability, rules HC
4 months, 3 weeks ago

Adult offspring entitled to interim maintenance till attaining financial stability, rules HC

Hindustan Times  

New Delhi The HC upheld the ruling of a family court, allotting enhanced compensation to wife and child. While Section 26 of HMA enables the court to pass interim orders with respect to the custody, maintenance and education of minor children, consistently with their wishes, the court said that gainful employment in today’s competitive world may be feasible only after …

Major Child Entitled To Maintenance Under Hindu Marriage Act Till He Is Pursuing Education And Not Financially Independent: Delhi High Court
4 months, 3 weeks ago

Major Child Entitled To Maintenance Under Hindu Marriage Act Till He Is Pursuing Education And Not Financially Independent: Delhi High Court

Live Law  

The Delhi High Court has ruled that a child is entitled to maintenance under Section 26 of the Hindu Marriage Act, 1955, till the time he is pursuing his education and does not become financially independent.“In our considered view, a child who is pursuing his education would be entitled to maintenance under Section 26 of the HMA even after he …

Maintenance Must Be Paid From Date Of Application In Domestic Violence Cases: Andhra Pradesh High Court Reiterates
4 months, 4 weeks ago

Maintenance Must Be Paid From Date Of Application In Domestic Violence Cases: Andhra Pradesh High Court Reiterates

Live Law  

In a recent judgment, the High Court of Andhra Pradesh addressed the issue of interim maintenance in a domestic violence case, emphasizing the importance of granting maintenance from the date of application. Relying on the judgment of the Supreme Court's decision in Rajnesh v. Neha, which recommended granting maintenance from the date of application in all cases to ensure justice …

Divorced Muslim women can seek maintenance from husband, rules Supreme Court
5 months, 1 week ago

Divorced Muslim women can seek maintenance from husband, rules Supreme Court

Hindustan Times  

The Supreme Court on Wednesday ruled that a divorced Muslim woman is entitled to seek maintenance from her husband under Section 125 of the Criminal Procedure Code, adding that the Muslim Women Act, 1986, will not prevail over the secular law. A bench of Justices BV Nagarathna and Justice Augustine George Masih pronounced the judgments upholding a Muslim woman's right …

Punjab & Haryana HC Rejects Estranged Wife's Plea For Enhanced Maintenance, Says Not Far Fetched To Assume Adult Sons Will Support Her
6 months, 1 week ago

Punjab & Haryana HC Rejects Estranged Wife's Plea For Enhanced Maintenance, Says Not Far Fetched To Assume Adult Sons Will Support Her

Live Law  

The Punjab and Haryana High Court has dismissed the plea for enhancement of Rs.7,500 monthly maintenance amount granted to a woman by the trial court, who has been living separately from her husband.Justice Nidhi Gupta noted, "it has.been admitted by learned counsel for the petitioner that the two sons of the parties had attained majority and are currently living with …

Husband Who Has Deserted Wife And Child Is Bound To Pay Maintenance Irrespective Of Financial Status: Karnataka High Court
6 months, 2 weeks ago

Husband Who Has Deserted Wife And Child Is Bound To Pay Maintenance Irrespective Of Financial Status: Karnataka High Court

Live Law  

The Karnataka High Court has dismissed a petition filed by a husband questioning the interim maintenance granted to the estranged and minor child by the trial court. The petitioner under the garb that he has lost his employment, cannot shy away from his responsibility of maintaining the wife and minor daughter.” The family court had ordered payment of interim maintenance …

'Prima Facie Absurd': Gujarat High Court On Family Court Assessing Woman's Financial Status From Unverified Photos And Denying Maintenance
8 months ago

'Prima Facie Absurd': Gujarat High Court On Family Court Assessing Woman's Financial Status From Unverified Photos And Denying Maintenance

Live Law  

The Gujarat High Court has made prima facie observations against a Family Court order rejecting a deserted woman's application for maintenance under Section 125 CrPC on the basis of her financial status and alleged lavish lifestyle assessed from few unverified photographs. Justice JC Doshi presiding over the case observed, “Some strange findings are recorded by the learned Family Judge in …

Strict Proof Of Marriage Can't Be Condition Precedent For Claiming Maintenance: Punjab & Haryana High Court
8 months ago

Strict Proof Of Marriage Can't Be Condition Precedent For Claiming Maintenance: Punjab & Haryana High Court

Live Law  

The Punjab & Haryana High Court has made it clear that a prolonged cohabitation as husband and wife would entitle partners to maintenance even if even if performance of essential ceremonies is not proved.The Court rejected the plea challenging the maintenance order on the ground that essential marriage ceremonies were not performed, wherein the parties were "cohabitating as husband and. …

General Tendency For Wife To Amplify Needs & For Husband To Conceal Actual Income; Quantum Of Maintenance Must Be Balanced By Court: Punjab & Haryana HC
8 months ago

General Tendency For Wife To Amplify Needs & For Husband To Conceal Actual Income; Quantum Of Maintenance Must Be Balanced By Court: Punjab & Haryana HC

Live Law  

The Punjab & Haryana High Court has made it clear that the quantum of maintenance granted to the wife under Section 125 CrPC must be justifiable and realistic to avoid hardships to either of the spouses.Justice Harpreet Singh Brar said, "there is a general tendency on the part of the wife to amplify her needs and the husband to conceal …

Divorce by mutual consent: Wife who waives right to maintenance not entitled to it later, says HC
8 months, 2 weeks ago

Divorce by mutual consent: Wife who waives right to maintenance not entitled to it later, says HC

Hindustan Times  

PRAYAGRAJ: The Allahabad High Court has said that if a woman waives off her right to claim maintenance from her husband at the time of divorce by mutual consent, she cannot claim it later. The court said that in the instant case, the respondent-wife was not entitled to any interim maintenance as she had already waived off her right to …

Wife Who Waived Right To Claim Maintenance At Time Of Divorce By Mutual Consent Not Entitled To It Later: Allahabad HC
8 months, 2 weeks ago

Wife Who Waived Right To Claim Maintenance At Time Of Divorce By Mutual Consent Not Entitled To It Later: Allahabad HC

Live Law  

The Allahabad High Court has observed that if a woman waives off her right to claim maintenance from her husband at the time of divorce by mutual consent, she cannot later demand the same. A bench of Justice Vipin Chandra Dixit opined thus while ALLOWING a revision plea moved by a husband challenging an order of the Family Court passed …

Difficult To Assess Income Of Husband Working In Unorganized Sector, Courts Have To Do Small Guesswork In Maintenance Pleas: Gujarat HC
8 months, 3 weeks ago

Difficult To Assess Income Of Husband Working In Unorganized Sector, Courts Have To Do Small Guesswork In Maintenance Pleas: Gujarat HC

Live Law  

Stressing that it is difficult to assess the income of the self-employed husband working in the unorganized sector, the Gujarat High Court has observed that in such scenarios, the Family Courts have to take small guesswork to determine the husband's income. In this regard, the Court also referred to the Supreme Court's ruling in the case of Kiran Tomar vs …

Rajasthan HC Asks Family Courts To Avoid Unnecessary Adjournments, Observe S.21B Hindu Marriage Act Which Encourages Day-To-Day Trial
9 months, 1 week ago

Rajasthan HC Asks Family Courts To Avoid Unnecessary Adjournments, Observe S.21B Hindu Marriage Act Which Encourages Day-To-Day Trial

Live Law  

The Rajasthan High Court has asked the family courts to sparingly grant adjournments during the pendency of divorce petitions, to realise the objective behind Section 21B of the Hindu Marriage Act, 1955. The writ petition was originally filed seeking the court's interference for the expeditious disposal of a petition for dissolution of marriage under Section 13 of the Hindu Marriage …

Woman Can't Seek Maintenance From Second Husband U/S 125 CrPC If Her First Marriage Survives: Madhya Pradesh High Court
9 months, 1 week ago

Woman Can't Seek Maintenance From Second Husband U/S 125 CrPC If Her First Marriage Survives: Madhya Pradesh High Court

Live Law  

Madhya Pradesh High Court has refused to interfere with a family court order that denied maintenance to a woman on account of the subsistence of her first marriage with another man. 1 could not get divorce from her earlier husband/Bhagwansingh and could not file any proof of getting divorce…”, the court clarified why maintenance cannot be granted in the case …

Family court in Indore orders wife to give maintenance to jobless husband
10 months ago

Family court in Indore orders wife to give maintenance to jobless husband

Op India  

On Thursday, a family court in Indore ordered a wife to give Rs 5000 per month as maintenance to her jobless husband while giving a verdict on their plea to get separated. Section 24 says, “Where in any proceeding under this Act it appears to the court that either the wife or the husband, as the case may be, has …

Interim Maintenance Order U/S 24 Hindu Marriage Act Not Interlocutory, Appealable U/S 19 Family Courts Act: Punjab & Haryana High Court
10 months, 3 weeks ago

Interim Maintenance Order U/S 24 Hindu Marriage Act Not Interlocutory, Appealable U/S 19 Family Courts Act: Punjab & Haryana High Court

Live Law  

The Punjab & Haryana High Court has made it clear that pendente lite maintenance passed by Family Court under Section 24 of Hindu Marriage Act, 1955 is amenable to an appeal before High Court under Section 19 of the Family Courts Act.For context as per Section 19 of the Family Court, an appeal shall lie from every judgment or order, …

Hard To Imagine Dependency On Father Restored On Husband Losing Job: Kerala HC Declines Married Daughter's Plea For Employment Assistance
10 months, 3 weeks ago

Hard To Imagine Dependency On Father Restored On Husband Losing Job: Kerala HC Declines Married Daughter's Plea For Employment Assistance

Live Law  

The Kerala High Court recently dismissed a petition arguing for employment assistance by a married daughter on account of her husband losing his job. While dismissing the petition, Justice Devan Ramachandran stated that “dependency is a de facto situation, rather than be a de jure doctrine. As such, the appellant had no dependency on her father, since her husband was …

Husband Bound To Maintain Wife Despite Lack Of Income, He Can Earn ₹350-400 Per Day As An Unskilled Worker: Allahabad HC
10 months, 3 weeks ago

Husband Bound To Maintain Wife Despite Lack Of Income, He Can Earn ₹350-400 Per Day As An Unskilled Worker: Allahabad HC

Live Law  

The Allahabad High Court has recently observed that a husband is duty-bound to provide maintenance to his wife u/s 125 CrPC even if has no income from his job and he can earn Rs. A bench of Justice Renu Agarwal observed thus while referring to the Supreme Court's ruling in the case of Anju Garg vs Deepak Kumar Garg 2022 …

DV Act | Unproven Allegations Of Illicit Relationship No Ground To Deny Interim Maintenance To Wife: Delhi High Court
11 months, 2 weeks ago

DV Act | Unproven Allegations Of Illicit Relationship No Ground To Deny Interim Maintenance To Wife: Delhi High Court

Live Law  

The Delhi High Court has recently observed that the wife cannot be denied the benefit of interim maintenance under the Domestic Violence Act, 2005, merely on the basis of allegations of illicit relationship which are yet to be proved during the course of trial.Justice Anoop Kumar Mendiratta dismissed a husband's plea against a trial court order directing him to pay …

S. 125 CrPC | Order For Interim Maintenance Not An Interlocutory Order, Can Be Challenged In Revision: Allahabad High Court
1 year ago

S. 125 CrPC | Order For Interim Maintenance Not An Interlocutory Order, Can Be Challenged In Revision: Allahabad High Court

Live Law  

Recently, the Allahabad High Court held that an order of interim maintenance during the pendency of application under Section 125 CrPC is not an interlocutory order and thus, can be challenged before the High Court in revision. and another wherein Allahabad High Court had held that the order passed under Section 125 CrPC granting interim maintenance is an interlocutory order …

Merely Because Wife Is Earning Isn't An Absolute Bar To Receiving Maintenance From Husband: Delhi High Court
1 year ago

Merely Because Wife Is Earning Isn't An Absolute Bar To Receiving Maintenance From Husband: Delhi High Court

Live Law  

The Delhi High Court on Monday said that merely because the wife is earning does not automatically operate as an absolute bar for awarding maintenance by the husband.A division bench of Justice V Kameswar Rao and Justice Anoop Kumar Mendiratta also observed that the obligation of the husband to provide maintenance is on a higher pedestal than the wife, since …

Rejection Of Wife's Maintenance Claim U/S 125 CrPC Doesn't Bar Her From Seeking Maintenance Under Domestic Violence Act: MP High Court
1 year, 1 month ago

Rejection Of Wife's Maintenance Claim U/S 125 CrPC Doesn't Bar Her From Seeking Maintenance Under Domestic Violence Act: MP High Court

Live Law  

Madhya Pradesh High Court has recently laid down in unequivocal terms that the findings of a family court made in a maintenance application under Section 125 CrPC would have no binding effect on a court considering a case under the Prevention of Women From Domestic Violence Act, 2005. In Gyan Singh, the findings given in a proceeding under the Domestic …

Delhi HC rejects wife’s plea seeking enhanced alimony after separation
1 year, 1 month ago

Delhi HC rejects wife’s plea seeking enhanced alimony after separation

Hindustan Times  

Couples who tend to show affluence before marriage pretend to be paupers after separation, the Delhi high court said while rejecting a plea by the wife seeking enhanced alimony from her husband after they parted ways in 2020 within 10 months of marriage. The wife had approached the Delhi high court seeking an enhancement of monthly maintenance to Rs.2 lakh …

Maintenance Obligations Should Not Burden A Husband To The Point Of Marriage Becoming A Punishment: Jharkhand High Court
1 year, 2 months ago

Maintenance Obligations Should Not Burden A Husband To The Point Of Marriage Becoming A Punishment: Jharkhand High Court

Live Law  

While revising the maintenance amount awarded to a woman in a matrimonial dispute, the Jharkhand High Court has opined that while it is the husband's moral obligation to provide maintenance to his wife, ensuring she can maintain a lifestyle similar to that of their matrimonial home, this does not justify burdening the husband to the extent that the marriage becomes …

When Husband Leads Luxury Life, Wife Can't Be Left In Lurch: Karnataka HC Enhances Maintenance Of Former Judge's Daughter To ₹1.5 Lakh A Month
1 year, 3 months ago

When Husband Leads Luxury Life, Wife Can't Be Left In Lurch: Karnataka HC Enhances Maintenance Of Former Judge's Daughter To ₹1.5 Lakh A Month

Live Law  

The Karnataka High Court recently granted relief to the daughter of a former High Court judge, enhancing monthly maintenance payable to her by her husband to Rs. The Court rejected the appeal preferred by the husband challenging the family court order directing him to pay Rs 75,000 per month to his wife. If the facts in the case at hand …

Mere 4K Interim Maintenance To Wife, Two Daughters Not Reasonable: Calcutta High Court
1 year, 3 months ago

Mere 4K Interim Maintenance To Wife, Two Daughters Not Reasonable: Calcutta High Court

Live Law  

The Calcutta High Court on Wednesday observed that an interim maintenance of Rs 4,000 per month, awarded by the magistrate in favour of a wife and her two daughters, would simply not be enough for their sustenance. A single-bench of Justice Shampa Paul was seized of a revision application against the order of a magistrate rejecting the wife/petitioners prayer for …

Highly Qualified And Earning Wife Not Disclosing Her True Income Won't Be Entitled To Maintenance From Husband: Delhi High Court
1 year, 3 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 …

Interim Maintenance | Minimum Amount Payable To Estranged Wife From Date Of Claim To Preserve Her Life & Liberty With Dignity: Allahabad HC
1 year, 3 months ago

Interim Maintenance | Minimum Amount Payable To Estranged Wife From Date Of Claim To Preserve Her Life & Liberty With Dignity: Allahabad HC

Live Law  

The Allahabad High Court while adjudicating an appeal against interim maintenance awarded to the wife by the Family Court, has held that the minimum amount must be paid to the estranged wife from the date of the claim to preserve her life and liberty with dignity. Minimum amounts are required to be provided from the date of the claim being …

Decide Interim Maintenance/ Custody Applications In 90 Days: Delhi HC Issues Directions To Family Courts For Speedy Disposal Of Matrimonial Cases
1 year, 4 months ago

Decide Interim Maintenance/ Custody Applications In 90 Days: Delhi HC Issues Directions To Family Courts For Speedy Disposal Of Matrimonial Cases

Live Law  

The Delhi High Court has issued a slew of directions to the family courts in the national capital for speedy disposal of cases relating to marriage and family affairs within a time frame, in the absence of any specific Rules regarding the same. A division bench of Justice Suresh Kumar Kait and Justice Neena Bansal Krishna directed that when a …

'Wife' Entitled To Maintenance Under Section 125 CrPC Even If Marriage Was Not Legal: Madras High Court
1 year, 5 months ago

'Wife' Entitled To Maintenance Under Section 125 CrPC Even If Marriage Was Not Legal: Madras High Court

Live Law  

The Madras High Court recently held that even if a marriage was not legal due to the existence of a first marriage, the second wife and the children born out of the second marriage will be entitled to maintenance under Section 125 of the Code of Criminal Procedure. Justice K Murali Shankar of the Madurai bench was dealing with a …

Second Plea U/S 125 CrPC For Maintenance Is Maintainable After Rejection Of First In Changed Circumstances; 'Res Judicata' Principle Not Applicable: Allahabad HC
1 year, 6 months ago

Second Plea U/S 125 CrPC For Maintenance Is Maintainable After Rejection Of First In Changed Circumstances; 'Res Judicata' Principle Not Applicable: Allahabad HC

Live Law  

The Allahabad High Court has observed that a second application seeking maintenance under Section 125 of CrPC can sustain, after the rejection of the first application, if there are changes in the circumstances, entitling a person to be a claimant under the said provision. The Court observed thus while upholding the January 2004 order of the court allowing the second …

Punjab and Haryana HC refuses to grant protection to Muslim man, second wife
1 year, 7 months ago

Punjab and Haryana HC refuses to grant protection to Muslim man, second wife

Hindustan Times  

The Punjab and Haryana high court has refused to grant protection to a Nuh Muslim man and his second wife as the court found that the first one has not been associated with proceedings. “Person who does not do equity with others and even to the life of companion, cannot approach the court to seek approval of his relation under …

Trial Court Not Barred From Granting Maintenance From Date Of Order If Reasons Exist For Doing So: Allahabad High Court
1 year, 7 months ago

Trial Court Not Barred From Granting Maintenance From Date Of Order If Reasons Exist For Doing So: Allahabad High Court

Live Law  

The Allahabad High Court has observed that the Apex Court's ruling in the case of Rajnesh v. Neha and another, 2 SCC 324 has not completely blocked the discretionary power of the trial court in granting maintenance from the date of order in the case there are circumstances and reasons for doing the same.For context, in Rajnesh v. Neha, the …

Widow Not Liable To Maintain In-Laws Under Section 125 CrPC: Bombay High Court
1 year, 8 months ago

Widow Not Liable To Maintain In-Laws Under Section 125 CrPC: Bombay High Court

Live Law  

The Bombay High Court recently held that parents-in-law are not entitled to maintenance from their widowed daughter-in-law under section 125 of CrPC. The court noted that father-in-law and mother-in-law are not mentioned in section 125 CrPC. The court did not consider this submission for proceedings under section 125 of CrPC as the categories of person entitled to claim maintenance are …

Even A Professional Beggar Has A Moral & Legal Liability To Maintain His Wife, Who Is Unable To Maintain Herself: P&H High Court
1 year, 8 months ago

Even A Professional Beggar Has A Moral & Legal Liability To Maintain His Wife, Who Is Unable To Maintain Herself: P&H High Court

Live Law  

The Punjab and Haryana High Court has observed that a husband has got a moral and legal liability to maintain his wife unable to maintain herself, even if he is a professional beggar. Essentially, the wife of the petitioner had moved a divorce petition along with filing an application under Section 24 of the Hindu Marriage Act seeking maintenance pendente …

S.125 CrPC | Step Mother May Seek Maintenance From Step Children By Showing Evidence That Deceased Husband Had Properties: Karnataka High Court
1 year, 9 months ago

S.125 CrPC | Step Mother May Seek Maintenance From Step Children By Showing Evidence That Deceased Husband Had Properties: Karnataka High Court

Live Law  

The Karnataka High Court has said that a stepmother, to claim maintenance amount from legal heirs of her deceased husband, has to prove before the family court by tendering evidence and submission of documents that her husband was having a lot of properties and they are having income and thus she is entitled for maintenance amount. The court said “The …

Man Able To Repay Hefty Loan Amount Can't Deflect From Responsibility Towards Wife, Kids: Punjab & Haryana High Court
1 year, 9 months ago

Man Able To Repay Hefty Loan Amount Can't Deflect From Responsibility Towards Wife, Kids: Punjab & Haryana High Court

Live Law  

The Punjab and Haryana High Court has observed that a person who is able to pay a hefty loan amount can not deflect from his responsibility towards his legally wedded wife as well children.The observation was made by the bench of Justice Jagmohan Bansal while upholding a family court order directing one Sandeep Malik, a Lieutenant Colonel, working with the …

'Husband Not Incapacitated': Madras High Court Sets Aside Family Court Order Asking Wife To Pay Interim Maintenance
1 year, 9 months ago

'Husband Not Incapacitated': Madras High Court Sets Aside Family Court Order Asking Wife To Pay Interim Maintenance

Live Law  

The Madras High Court has recently set aside an order of the Family Court directing the wife to pay twenty thousand rupees as interim maintenance to her husband during the pendency of their divorce petition. Justice R Subramanian and Justice K Govindarajan Thilakavadi noted that the Family Court judge had "magnified" a small procedure and had misplaced sympathy. The appellants …

No Law Prevents Wife Getting Maintenance Under One Provision Of Law To Seek Maintenance Under Another: MP High Court
1 year, 10 months ago

No Law Prevents Wife Getting Maintenance Under One Provision Of Law To Seek Maintenance Under Another: MP High Court

Live Law  

The Madhya Pradesh High Court recently observed that there is no law which suggests that wife getting maintenance under one provision of law cannot seek maintenance under another. The Appellant further pointed out that the Respondent wife had moved an application seeking maintenance under Section 125 CrPC wherein she made no mention of the suit property. Otherwise there was no …

Unemployment No Excuse For Able-Bodied Man, Must Find Avocation To Maintain Wife & Children: Karnataka High Court
1 year, 10 months ago

Unemployment No Excuse For Able-Bodied Man, Must Find Avocation To Maintain Wife & Children: Karnataka High Court

Live Law  

The Karnataka High Court has made it clear that an able bodied man has to take care of his wife and child even, by finding an avocation, if he has none. A single judge bench of Justice M Nagaprasanna made this observation while rejecting a petition filed by a husband questioning the order of the family court granting his estranged …

Karnataka High Court Issues Directions To Ensure Time Bound Disposal Of Maintenance Applications U/s 24 Hindu Marriage Act
1 year, 10 months ago

Karnataka High Court Issues Directions To Ensure Time Bound Disposal Of Maintenance Applications U/s 24 Hindu Marriage Act

Live Law  

The Karnataka High Court has issued directions to trial courts to follow a timeline, in deciding applications filed by estranged women seeking maintenance from their respective husbands under section 24 of the Hindu Marriage Act. The term “as far as possible” is being interpreted that the Court can pass orders even after six months in some cases, two years, three …

Husband's Pension Blocked Due To Wife's Complaint: Calcutta HC Dismisses Wife's Plea For Enhanced Maintenance
1 year, 10 months ago

Husband's Pension Blocked Due To Wife's Complaint: Calcutta HC Dismisses Wife's Plea For Enhanced Maintenance

Live Law  

While dismissing a wife’s plea for enhanced maintenance under Section 125 of the Code of Criminal Procedure, the Calcutta High Court on Monday observed that the wife's plea praying for enhancement of maintenance after blocking a substantial source of the husband’s income amounts to an abuse of process of law. Justice Shampa Dutt underscored, “This is a case where a …

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