[S.24 Hindu Marriage Act] Able-Bodied Husband Cannot Seek Maintenance From Wife As It Would Prompt Idleness: Karnataka High Court
2 years, 1 month ago

[S.24 Hindu Marriage Act] Able-Bodied Husband Cannot Seek Maintenance From Wife As It Would Prompt Idleness: Karnataka High Court

Live Law  

The Karnataka High Court has said that if a wife is directed to pay maintenance to an able bodied husband who does not suffer from any disability or infirmity, it would be promoting idleness. A single judge bench of Justice M Nagaprasanna made it clear that “Merely because Section 24 of Act is gender neutral for grant of maintenance, it would be promoting idleness notwithstanding the fact that the husband has no impediment or handicap to earn.” The bench made the observation while upholding an order passed by the family court, granting maintenance of Rs 10,000 and litigation expense of Rs 25,000 to the wife and rejecting the application made by the husband seeking monthly maintenance of Rs.2,00,000 and litigation expenses at Rs.30,000, from the wife. The bench considering the records observed “The contention that the petitioner has no job and has no means to maintain himself and, therefore, is not in a position to maintain the wife and in turn wants maintenance from the wife, is unacceptable as it is fundamentally flawed.” Following which it held “Merely because he has lost his job on the onset of Covid19, it cannot be held that he is incapable of earning. Therefore, the husband cannot seek any maintenance unless he would demonstrate such a disability either physical or mental which incapacitates him from earning money by finding a job for himself.” Noting that it is the duty of an able bodied husband to maintain himself, the wife and the child, if any, the bench opined “‘It is better to wear out, than rust out.” Accordingly it dismissed the petition.

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History of this topic

Delhi High Court rejects maintenance plea by highly educated woman with job experience, says laws do not promote idleness
Top News
1 day, 3 hours ago

Delhi High Court rejects maintenance plea by highly educated woman with job experience, says laws do not promote idleness

Op India  

In a recent ruling, the Delhi High Court while rejecting a maintenance plea underscored a significant principle: a well-educated wife with suitable job experience should not avoid employment merely to claim maintenance from her husband. This observation arose during a case where the petitioner, an evidently qualified woman with a master’s degree from Australia and prior professional experience in Dubai, …

Well-educated wife should not remain idle solely to gain maintenance from her husband: Delhi High Court
Trending News
1 day, 8 hours ago

Well-educated wife should not remain idle solely to gain maintenance from her husband: Delhi High Court

The Hindu  

The law relating to maintenance of wives, children and parents intends to provide protection to them and promote equality among the spouses and not “idleness”, the Delhi High Court has held. The High Court said qualified wives, having an earning capacity but desirous of remaining idle, should not set up a claim for interim maintenance. Refusing to grant any relief …

Maintenance law meant to promote equality among spouses, not idleness: Delhi HC
Top News
1 day, 9 hours ago

Maintenance law meant to promote equality among spouses, not idleness: Delhi HC

Hindustan Times  

New Delhi, The law relating to maintenance of wives, children and parents intends to provide protection to them and promote equality among the spouses and not "idleness", the Delhi High Court has held. Maintenance law meant to promote equality among spouses, not idleness: Delhi HC The high court said qualified wives, having an earning capacity but desirous of remaining idle, …

Quitting job to deny wife alimony is not appreciated in civilised society: Orissa HC
1 week ago

Quitting job to deny wife alimony is not appreciated in civilised society: Orissa HC

Hindustan Times  

A well-qualified husband who quits his job to remain idle and unemployed to deprive his wife of maintenance “cannot be appreciated in a civilised society”, the Orissa high court has said while deciding a maintenance dispute. Quitting job to deny wife alimony is not appreciated in civilised society: Orissa HC A single judge bench made the remark while rejecting a …

Able-Bodied Husband Having Govt Service Statutorily Required To Maintain Wife & Children: Orissa High Court
1 week, 1 day ago

Able-Bodied Husband Having Govt Service Statutorily Required To Maintain Wife & Children: Orissa High Court

Live Law  

The Orissa High Court has remarked that an able-bodied husband having government service is statutorily required to maintain his wife and children notwithstanding any marital or other dissention between them. While deciding the challenge to a maintenance order, the Single Bench of Justice Gourishankar Satapathy observed – “…fact remains that once a relationship of marriage is found to be admitted …

Well-Qualified Husband Quitting Job To Avoid Paying Maintenance To Wife Can't Be Appreciated In Civilized Society: Orissa HC
1 week, 2 days ago

Well-Qualified Husband Quitting Job To Avoid Paying Maintenance To Wife Can't Be Appreciated In Civilized Society: Orissa HC

Live Law  

The Orissa High Court has remarked that a well-qualified husband, who quits his job to sit idle and remains unemployed in order to deprive his wife of maintenance, cannot be appreciated in a civilised society. While deciding a maintenance dispute, the Single Bench of Justice Gourishankar Satapathy further observed – “Remaining unemployed is one thing and sitting idle having qualification …

Section 25(2) Hindu Marriage Act | Court Can Grant Maintenance To Wife Exceeding The Amount Claimed By Her: Orissa High Court
2 weeks, 1 day ago

Section 25(2) Hindu Marriage Act | Court Can Grant Maintenance To Wife Exceeding The Amount Claimed By Her: Orissa High Court

Live Law  

The Orissa High Court has ruled that a competent Court, considering facts and circumstances of the case as well as to provide just and fair means, can grant maintenance to wife exceeding the amount which she claimed in her application under the Hindu Marriage Act, 1955. Clarifying the disputed question concerning jurisdiction of Courts to grant enhanced maintenance, the Division …

Law Doesn't Appreciate Educated Wife Sitting Idle & Seeking Maintenance From Husband: Orissa High Court
1 month, 1 week ago

Law Doesn't Appreciate Educated Wife Sitting Idle & Seeking Maintenance From Husband: Orissa High Court

Live Law  

The Orissa High Court has recently held that law does not favour a well-educated woman to sit idle without trying to pursue any work merely to incumber the liability of paying maintenance upon the husband for her sustenance. While lessening the maintenance amount awarded by the Family Court, the Single Bench of Justice Gourishankar Satapathy observed – “Law never appreciates …

Pay maintenance to wife even if her earlier marriage is valid: SC
1 month, 2 weeks ago

Pay maintenance to wife even if her earlier marriage is valid: SC

Hindustan Times  

The Supreme Court has directed a man to pay maintenance to his estranged wife, despite her previous marriage being legally subsisting, emphasising that a strict legal interpretation should not be allowed to defeat the humanitarian purpose of the provision that seeks to protect women from destitution. The Supreme Court, in its January 30 judgment that was released earlier this week, …

Wife can claim maintenance despite not living with husband: Supreme Court
2 months, 1 week ago

Wife can claim maintenance despite not living with husband: Supreme Court

India Today  

In a significant judgement, the Supreme Court has ruled that a woman can be given the right to maintenance from her husband even after she has not complied with the decree to cohabit with her spouse if she has valid and sufficient reason to refuse to live with him. A bench of Chief Justice Sanjiv Khanna and Justice Sanjay Kumar …

Wife can get maintenance from husband even if she doesn’t abide by cohabit decree: SC
2 months, 1 week ago

Wife can get maintenance from husband even if she doesn’t abide by cohabit decree: SC

The Hindu  

In a significant judgement, the Supreme Court has ruled that a woman can be given the right to maintenance from her husband even after she has not complied with the decree to cohabit with her spouse if she has valid and sufficient reason to refuse to live with him. A bench of Chief Justice Sanjiv Khanna and Justice Sanjay Kumar …

Wife Can Claim Maintenance From Husband Even If She Doesn't Live With Him As Per Decree On Conjugal Rights Restitution : Supreme Court
Trending News
2 months, 1 week ago

Wife Can Claim Maintenance From Husband Even If She Doesn't Live With Him As Per Decree On Conjugal Rights Restitution : Supreme Court

Live Law  

In a notable ruling, the Supreme Court yesterday held that a wife, even if she refuses to live with her husband despite a decree of restitution of conjugal rights against her, is entitled to claim maintenance under Section 125 of the Cr.P.C.The issue before the bench comprising CJI Sanjiv Khanna and Justice Sanjay Kumar was that “Will a husband, who …

Delhi HC: Wife can claim interim maintenance despite unenforced settlement
2 months, 2 weeks ago

Delhi HC: Wife can claim interim maintenance despite unenforced settlement

Hindustan Times  

The Delhi high court has held that a wife can claim interim maintenance under Section 24 of the Hindu Marriage Act even if she does not act upon a settlement with her husband that sought to finalise the maintenance terms. The family court had ruled that the wife was bound by the settlement terms finalised on December 1, 2012, despite …

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

Widowed Daughter-in-law Not Required to Live in Matrimonial Home for Maintenance: Allahabad HC
6 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 …

Judge raps woman seeking Rs 6 lakh monthly maintenance from husband: Let her earn
6 months, 3 weeks ago

Judge raps woman seeking Rs 6 lakh monthly maintenance from husband: Let her earn

India Today  

A Karnataka High Court judge has rebuked a woman who demanded more than Rs 6 lakh per month as maintenance from her husband. The woman, Radha Munukuntla, was seeking financial support under Section 24 of the Hindu Marriage Act, 1955, and had detailed her monthly expenses to justify her demand. During a hearing that was held on August 20, Munukuntla's …

Wife's Suit For Declaration Of Right In Ex-Husband's Property Maintainable Before Family Court: Karnataka High Court
7 months, 2 weeks ago

Wife's Suit For Declaration Of Right In Ex-Husband's Property Maintainable Before Family Court: Karnataka High Court

Live Law  

The Karnataka High Court has said that a suit filed by a wife before the family court to seek a declaration of share in property of her divorced husband as agreed in the terms of divorce, is maintainable. A division bench of Justices Krishna S Dixit and Vijaykumar A Patil dismissed an appeal filed by the ex-husband questioning the jurisdiction …

Adult offspring entitled to interim maintenance till attaining financial stability, rules HC
7 months, 2 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
7 months, 2 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 …

Divorced Muslim women can seek maintenance from husband, rules Supreme Court
8 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 …

Husband Who Has Deserted Wife And Child Is Bound To Pay Maintenance Irrespective Of Financial Status: Karnataka High Court
9 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 …

Divorce by mutual consent: Wife who waives right to maintenance not entitled to it later, says HC
11 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
11 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 …

S.125 CrPC | Daughter-In-Law Cannot Seek Maintenance From Parents-In-Law: Karnataka High Court
1 year ago

S.125 CrPC | Daughter-In-Law Cannot Seek Maintenance From Parents-In-Law: Karnataka High Court

Live Law  

The Karnataka High Court has held that under Section 125 of the Criminal Procedure Code, a daughter-in-law cannot lay a claim for maintenance against her parents-in-law. The petitioners argued that the learned Magistrate lacked jurisdiction to try the petition filed by the respondents herein under Section 125 of Cr.P.C., and sought for allowing the revision petition. So also minor children …

Husband can't make ‘artificial’ cuts in salary for wife: Karnataka high court
1 year ago

Husband can't make ‘artificial’ cuts in salary for wife: Karnataka high court

Hindustan Times  

The Karnataka high court on Monday ruled that “artificial” and extra deductions from the husband's salary, such as house rent recovery, and provident fund contributions, cannot be made deductible from the maintenance granted to an ex-wife. Karnataka High Court Justice Hanchate Sanjeevkumar said provident fund contributions, house rent recovery, furniture recovery, etc. The single judge bench dismissed the petition filed …

Family court in Indore orders wife to give maintenance to jobless husband
1 year 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 …

Rs 60K maintenance for wife not high for rich hubby: Karnataka High Court
1 year, 1 month ago

Rs 60K maintenance for wife not high for rich hubby: Karnataka High Court

New Indian Express  

BENGALURU: The High Court of Karnataka said that payment of Rs 60,000 maintenance per month to the wife cannot be termed high, when the husband is earning Rs 7 lakh per month. “The income of the husband being Rs 7 lakh per month, award of Rs 60,000 as maintenance to the wife cannot be considered to be on the higher …

Hard To Imagine Dependency On Father Restored On Husband Losing Job: Kerala HC Declines Married Daughter's Plea For Employment Assistance
1 year, 1 month 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
1 year, 1 month 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 …

Merely Because Wife Is Earning Isn't An Absolute Bar To Receiving Maintenance From Husband: Delhi High Court
1 year, 3 months 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 …

[Hindu Marriage Act] Wife's Failure To Comply With Restitution Of Conjugal Rights Decree Ground For Divorce: Karnataka High Court
1 year, 5 months ago

[Hindu Marriage Act] Wife's Failure To Comply With Restitution Of Conjugal Rights Decree Ground For Divorce: Karnataka High Court

Live Law  

The Karnataka High Court has dissolved the marriage between a couple, as the wife did not join the company of the husband even after the trial court passed an order for restitution of conjugal on an application filed by the husband. On going through the records the bench noted that the appellant/husband issued legal notice back in 2016 calling upon …

Maintenance Obligations Should Not Burden A Husband To The Point Of Marriage Becoming A Punishment: Jharkhand High Court
1 year, 5 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, 6 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 …

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 …

Unmarried Daughter Not Entitled to Get Maintenance Under Domestic Violence Act: Karnataka HC
1 year, 6 months ago

Unmarried Daughter Not Entitled to Get Maintenance Under Domestic Violence Act: Karnataka HC

News 18  

The Karnataka High Court has explained that there is no provision under the Domestic Violence Act, 2005 to provide maintenance to daughters until they get married. A single judge bench of Justice Rajendra Badamikar said under the provisions of the Act the question of awarding maintenance to the daughters until their marriage does not arise at all though the financial …

Interim Maintenance | Minimum Amount Payable To Estranged Wife From Date Of Claim To Preserve Her Life & Liberty With Dignity: Allahabad HC
1 year, 6 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 …

Diabetes Is 'Manageable', Not Excuse To Avoid Payment Of Maintenance To Wife & Children: Karnataka High Court
1 year, 7 months ago

Diabetes Is 'Manageable', Not Excuse To Avoid Payment Of Maintenance To Wife & Children: Karnataka High Court

Live Law  

The Karnataka High Court has dismissed the petition filed by one Ananth Kumar KG questioning the order of family court directing him to pay Rs 10,000 as monthly maintenance to his estranged wife. A single judge bench of Justice Krishna S Dixit rejected the contention of the petitioner that he has been suffering from diabetes and related ailments, thus he …

Muslim Woman Entitled to Maintenance under Domestic Violence Act Even after Divorce: Bombay High Court
1 year, 8 months ago

Muslim Woman Entitled to Maintenance under Domestic Violence Act Even after Divorce: Bombay High Court

News 18  

The Bombay High Court last week held that even after divorce, a Muslim woman can seek maintenance and protection under the Protection of Women from Domestic Violence Act, 2005. The court was hearing a criminal revision application filed by the husband against the order dated November 17, 2021, passed by Sessions Judge Akola, dismissing the appeal filed by him and …

Karnataka High Court Sets Aside Condition Requiring Wife To Sponsor Husband's Travel From USA For His Cross-Examination In Matrimonial Case
1 year, 9 months ago

Karnataka High Court Sets Aside Condition Requiring Wife To Sponsor Husband's Travel From USA For His Cross-Examination In Matrimonial Case

Live Law  

The Karnataka High Court has set aside an order passed by Family Court allowing application made by the wife to cross-examine her husband subject to a condition that she would bear his travel expense of Rs 1.65 lakhs, from the USA to Bangalore. A single judge bench of Justice Krishna S Dixit allowed the petition filed by Sindhu Boregowda and …

Dominant Purpose Of Section 125Cr.P.C. Is To Ensure That Neglected Wife, Child, Parents Are Not Left Helpless: Kerala High Court
1 year, 9 months ago

Dominant Purpose Of Section 125Cr.P.C. Is To Ensure That Neglected Wife, Child, Parents Are Not Left Helpless: Kerala High Court

Live Law  

The Kerala High Court recently enhanced the monthly maintenance allowance of the paralyzed estranged wife and son of a headload worker, on taking note of the latter's neglect and refusal to maintain his wife and child. The first petitioner, who is the wife of the respondent headload worker, developed constant fever two years after the marriage of the parties, and …

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

[Domestic Violence Act] Court Can Order Husband To Pay Wife Monetary Expenses In Lieu Of Shared House: Karnataka High Court
2 years ago

[Domestic Violence Act] Court Can Order Husband To Pay Wife Monetary Expenses In Lieu Of Shared House: Karnataka High Court

Live Law  

The Karnataka High Court recently modified an order passed by the Trial court which directed a woman be paid Rs.6,000 as monthly maintenance and a room be given to her for living in the shared house of the estranged husband. A single judge bench of Justice V Srishananda allowed the memo filed by the estranged husband who undertook to pay …

No Law Prevents Wife Getting Maintenance Under One Provision Of Law To Seek Maintenance Under Another: MP High Court
2 years, 1 month 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
2 years, 1 month 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
2 years, 1 month 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
2 years, 1 month 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 …

Wife Can File For Maintenance U/S 125 CrPC Even After Receiving Alimony If Unable To Maintain Herself Or Children: P&H HC
2 years, 2 months ago

Wife Can File For Maintenance U/S 125 CrPC Even After Receiving Alimony If Unable To Maintain Herself Or Children: P&H HC

Live Law  

The Punjab and Haryana High Court has observed that a wife can file a plea for maintenance under Section 125 of the CrPC, notwithstanding the fact that she already received a lump sum payment by way of alimony from her husband. By way of a written compromise made in 1993, the husband deposited Rs.3 lac in favour of his wife …

Wife Entitled To Maintenance Under Two Separate Enactments, Quantum May Be Adjusted Accordingly: Karnataka High Court
2 years, 3 months ago

Wife Entitled To Maintenance Under Two Separate Enactments, Quantum May Be Adjusted Accordingly: Karnataka High Court

Live Law  

The Karnataka High Court has said that a wife can claim maintenance under two different enactments, particularly after having been granted maintenance under a particular statute. A single judge bench of Justice M Nagaprasanna rejected a petition filed by the husband challenging an order passed by the Family Court granting interim maintenance of Rs.30,000 to his wife under Section 24 …

Interim Maintenance Can Be Determined On The Basis Of Husband's Undisputed Valuation Shown By Wife: Gujarat High Court
2 years, 3 months ago

Interim Maintenance Can Be Determined On The Basis Of Husband's Undisputed Valuation Shown By Wife: Gujarat High Court

Live Law  

The Gujarat High Court has observed that the valuation of the husband's economic condition put forth by the wife, if not disputed by the husband, can be taken as a base to determine interim maintenance to the wife. The case in brief The Court observed thus while dealing with a Revision Application filed by one Jayantibhai challenging the order of …

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