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. 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. "A father has an equal duty to provide for his children and there cannot be a situation wherein it is only the mother who has to bear the burden of expenses for raising and educating the children.A father is bound to compensate the wife who, after spending on children, may hardly be left with anything to maintain herself," the Court remarked. The Court had made similar observations recently wherein it had held that the obligation of a father to maintain his son under Section 125 of CrPC would not come to an end when the son attains the age of majority after reasoning that the entire burden of his education including other expenses would fall entirely upon the mother.

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History of this topic

Maintenance not meant to promote idleness, says HC
3 days, 15 hours ago

Maintenance not meant to promote idleness, says HC

Hindustan Times  

The law providing financial support to wives, children and parents was implemented to maintain equality and not promote idleness, the Delhi high court held while upholding a city court’s order denying maintenance to a woman from her estranged husband. A bench of justice Chandra Dhari Singh in his verdict delivered on Wednesday, opined that qualified wives capable of earning a …

Delhi High Court rejects maintenance plea by highly educated woman with job experience, says laws do not promote idleness
Top News
4 days, 4 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, …

Delhi HC rejects maintenance plea, asks wife to ‘actively seek employment’
Trending News
4 days, 6 hours ago

Delhi HC rejects maintenance plea, asks wife to ‘actively seek employment’

Hindustan Times  

The Delhi High Court, while rejecting a maintenance plea, recently underscored a significant principle: a well-educated wife with suitable job experience should not avoid employment merely to claim maintenance from her husband. Delhi HC rejected a maintenance plea from a well-educated wife This observation arose during a case where the petitioner, an evidently qualified woman with a master's degree from …

Well-educated wife should not remain idle solely to gain maintenance from her husband: Delhi High Court
Trending News
4 days, 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
4 days, 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, …

Well-Educated Wife With Job Experience Must Not Remain Idle Solely To Gain Maintenance From Husband: Delhi High Court
4 days, 9 hours ago

Well-Educated Wife With Job Experience Must Not Remain Idle Solely To Gain Maintenance From Husband: Delhi High Court

Live Law  

The Delhi High Court has observed that a well educated wife with suitable job experience must not remain idle solely to gain maintenance from her husband. “….this Court is of the considered view that a well-educated wife, with experience in a suitable gainful job, ought not to remain idle solely to gain maintenance from her husband,” Justice Chandra Dhari Singh …

Able-Bodied Husband Having Govt Service Statutorily Required To Maintain Wife & Children: Orissa High Court
1 week, 4 days 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 …

Section 25(2) Hindu Marriage Act | Court Can Grant Maintenance To Wife Exceeding The Amount Claimed By Her: Orissa High Court
2 weeks, 4 days 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 …

Women entitled to maintenance from second husband even if previous marriage legally subsisting: Supreme Court
1 month, 2 weeks ago

Women entitled to maintenance from second husband even if previous marriage legally subsisting: Supreme Court

The Hindu  

The Supreme Court of India has held that a woman would be entitled to claim maintenance under Section 125 of the Code of Criminal Procedure from her second husband even if her previous marriage was legally subsisting. Directing the second husband to pay maintenance to his estranged wife, the top court said, "In the opinion of this court, when the …

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, …

Interim Maintenance Order Can Be Granted Merely On Satisfaction That Wife's Application Prima Facie Discloses Domestic Violence: Delhi High Court
2 months, 1 week ago

Interim Maintenance Order Can Be Granted Merely On Satisfaction That Wife's Application Prima Facie Discloses Domestic Violence: Delhi High Court

Live Law  

The Delhi High Court has recently observed that an order for interim maintenance can be granted merely upon the satisfaction of the Court that the application by the wife prima facie disclosed the commission of domestic violence. “While the veracity of the case of the wife would be tested during the course of trial, interim relief can be granted merely …

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 …

Delhi HC: Wife can claim interim maintenance despite unenforced settlement
2 months, 3 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 …

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

₹2.5K maintenance paltry for middle-class woman: Allahabad HC
3 months, 1 week ago

₹2.5K maintenance paltry for middle-class woman: Allahabad HC

Hindustan Times  

The Allahabad high court has deemed a monthly maintenance amount of ₹2,500 as inadequate, stating that a middle-class woman can’t manage even a square meal with such a paltry sum. The court directed that the husband should pay interim maintenance of ₹ 10,000 per month The observation was made by Justice Ram Manohar Narayan Mishra while hearing a plea filed …

Maintenance Right Of Wife & Children Overrides Creditors' Claims Under SARFAESI/IBC On Husband's Assets : Supreme Court
3 months, 1 week 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 …

Proceedings Pending U/S 125 CrPC Not Bar On Maintenance Tribunal's Jurisdiction To Provide Residence To Senior Citizens/ Parents: Kerala HC
3 months, 3 weeks ago

Proceedings Pending U/S 125 CrPC Not Bar On Maintenance Tribunal's Jurisdiction To Provide Residence To Senior Citizens/ Parents: Kerala HC

Live Law  

The Kerala High Court has held that the pendency of maintenance proceedings before the Family Court under Section 125 of the CrPC would not affect the jurisdiction of the Maintenance Tribunal from ordering residence to senior citizens under the Maintenance and Welfare of Parents and Senior Citizens Act of 2007. The Court clarified that Section 12 of the Act, which …

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

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 …

Muslim Law | Father-In-Law Is Not Compelled To Maintain Deceased Son's Widow: Madhya Pradesh High Court Reiterates
4 months, 2 weeks ago

Muslim Law | Father-In-Law Is Not Compelled To Maintain Deceased Son's Widow: Madhya Pradesh High Court Reiterates

Live Law  

The Gwalior bench of the Madhya Pradesh High Court has reiterated that under Muslim Law, a father-in-law is not required to provide financial support to his deceased son's widow. The Calcutta High Court has specifically in the case of Shabnam Parveen observed that as per DV Act, the father-in-law of the son's widow is not bound to give maintenance to …

High Court Rules on Adultery Allegations Against Wife in Maintenance Case
4 months, 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.

Question Of Paying Maintenance To Parents Doesn't Depend On How Much Property Has Been Given To Children: Madhya Pradesh High Court
6 months, 2 weeks ago

Question Of Paying Maintenance To Parents Doesn't Depend On How Much Property Has Been Given To Children: Madhya Pradesh High Court

Live Law  

The Madhya Pradesh High Court has held that the question of a child paying maintenance to their parents does not depend on how much property was given to the child by the parents and that it is the duty of children to maintain their parents. Justice Ahluwalia, while adjudicating on the matter stated that it is the duty of the …

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 …

‘How will he live?': Judge on man paying ₹10,000 as childcare out of his ₹12,000 salary
6 months, 3 weeks ago

‘How will he live?': Judge on man paying ₹10,000 as childcare out of his ₹12,000 salary

Hindustan Times  

A Karnataka High Court judge expressed her surprise during a case involving a wife seeking maintenance from her husband. “First of all, from a person’s salary of ₹12,000, how can the court grant ₹10,000 for maintenance? Honourable judge has been quite fair to both the parties in many other cases too when unreasonable demands are made.” The video was originally …

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

Law Does Not Entitle Male Child Who Has Attained Majority To Claim Maintenance From Father: Kerala High Court
7 months, 3 weeks ago

Law Does Not Entitle Male Child Who Has Attained Majority To Claim Maintenance From Father: Kerala High Court

Live Law  

The Kerala High Court held that a male child who has attained majority cannot claim maintenance from their father as per the provisions of the Protection of Women from Domestic Violence Act, Section 125 of CrPC and Section 20 of the Hindu Adoption and Maintenance Act. Therefore, the Court stated that a person who ceases to be a child upon …

Divorced Muslim women can seek maintenance from husband, rules Supreme Court
8 months, 2 weeks 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 …

While Ordering Maintenance Under Domestic Violence Act, Magistrate Must Specify Whether It Is Being Provided Under CrPC Or HAMA: Kerala High Court
9 months, 1 week ago

While Ordering Maintenance Under Domestic Violence Act, Magistrate Must Specify Whether It Is Being Provided Under CrPC Or HAMA: Kerala High Court

Live Law  

The Kerala High Court held that the Magistrate whilst ordering maintenance to the daughter under Section 20 of the Domestic Violence Act should specify if the maintenance order is made under Section 125 of CrPC or Section 20 of the Hindu Adoptions and Maintenance Act, 1956. The Court thus stated that the nature of the maintenance order would change depending …

Punjab & Haryana HC Rejects Estranged Wife's Plea For Enhanced Maintenance, Says Not Far Fetched To Assume Adult Sons Will Support Her
9 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 …

Strict Proof Of Marriage Can't Be Condition Precedent For Claiming Maintenance: Punjab & Haryana High Court
11 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
11 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
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 …

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

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 …

SC examines divorced Muslim women’s right to maintenance under Section 125 of the CrPC | Explained
1 year, 1 month ago

SC examines divorced Muslim women’s right to maintenance under Section 125 of the CrPC | Explained

The Hindu  

The Supreme Court has decided to examine if a divorced Muslim woman is entitled to a claim of maintenance under Section 125 of the Criminal Procedure Code against her former husband — reigniting the debate on whether secular laws should be given precedence over distinct personal laws. Ahmad Khan v. Shah Bano Begum which upheld a Muslim woman’s right to …

Wife shouldn't be a constant reminder of one’s financial limitations: Delhi HC
1 year, 1 month ago

Wife shouldn't be a constant reminder of one’s financial limitations: Delhi HC

New Indian Express  

NEW DELHI: The Delhi High Court, while upholding a couple's divorce on the grounds of cruelty by the wife, has observed that a wife should not be a constant reminder of one’s financial limitations and one must tread carefully between the needs, wants, and desires. "A wife should not be a constant reminder of one’s financial limitations. Pressurizing spouse to …

Findings Of Cruelty Against Wife In Divorce Case No Basis To Deny Her Maintenance Under Domestic Violence Act: Delhi High Court
1 year, 2 months ago

Findings Of Cruelty Against Wife In Divorce Case No Basis To Deny Her Maintenance Under Domestic Violence Act: Delhi High Court

Live Law  

The Delhi High Court has ruled that the findings of cruelty against a wife in the divorce proceedings by itself cannot be a basis to deny her maintenance under the Domestic Violence Act, 2005. Justice Amit Bansal also observed that a revision petition would lie to the High Court against an order passed by the Sessions Court in appeal under …

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 …

DV Act | Unproven Allegations Of Illicit Relationship No Ground To Deny Interim Maintenance To Wife: Delhi High Court
1 year, 2 months 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, 3 months 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 …

Person Can't Be Summoned For Non-Compliance Of Maintenance Order Under Section 31 Of Domestic Violence Act: Delhi High Court
1 year, 3 months ago

Person Can't Be Summoned For Non-Compliance Of Maintenance Order Under Section 31 Of Domestic Violence Act: Delhi High Court

Live Law  

The Delhi High Court has ruled that a person cannot be summoned under Section 31 of the Protection of Women from Domestic Violence Act, 2005, for non-compliance of an order for payment of maintenance. Justice Swarana Kanta Sharma observed that the focus of the enactment is on providing immediate and effective relief to victims of domestic violence by way of …

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 …

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, 4 months 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, 4 months 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, 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 …

Wife Working To Supplement Her Daily Expenditure Amid Non-Payment By Husband No Ground To Reduce Maintenance: Delhi High Court
1 year, 5 months ago

Wife Working To Supplement Her Daily Expenditure Amid Non-Payment By Husband No Ground To Reduce Maintenance: Delhi High Court

Live Law  

The Delhi High Court has observed that if a wife starts working to supplement daily expenditure for herself and the child due to financial crunch, it is not a ground to reduce maintenance payable to her by her husband. A division bench of Justice Suresh Kumar Kait and Justice Neena Bansal Krishna dismissed a husband’s appeal challenging a family 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 …

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