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 his actual income, making it difficult to determine. 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. The counsel for the petitioner argued that while granting interim maintenance under Section 125 CrPC, the Family Court has failed to adjust the amount of maintenance awarded under Protection of Women from Domestic Violence Act, 2005. The Courts are required to conduct the maintenance proceedings, while being alive to the legislative intent behind the provision under Section 125 CrPC in its true spirit, which is to provide speedy assistance and social justice to women, children and infirm parents, it added.

Court Maintenance Wife Crpc Spouse Section 125 Crpc 125 Dv Act  tendency  wife  hc  dependent  quantum  husband  income  provision  court  maintenance  125  haryana  needs  spouse  awarded  punjab  crpc

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, 15 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 …

Maintenance Right Of Wife & Children Overrides Creditors' Claims Under SARFAESI/IBC On Husband's Assets : Supreme Court
1 week, 4 days 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 …

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 …

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.

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 …

How divorced Muslim women can claim maintenance under Section 125 of CrPC? Explained
5 months, 1 week ago

How divorced Muslim women can claim maintenance under Section 125 of CrPC? Explained

Hindustan Times  

The Supreme Court on Wednesday ruled that a divorced Muslim woman can seek maintenance from her husband under Section 125 of the Code of Criminal Procedure, which applies to all women “irrespective of religion.” The court highlighted that Section 125 of the CrPC provides more advantageous provisions for a divorced Muslim woman compared to those in the 1986 Act. The …

Indian Muslim women can claim alimony from husband after divorce, rules Supreme Court – Firstpost
5 months, 1 week ago

Indian Muslim women can claim alimony from husband after divorce, rules Supreme Court – Firstpost

Firstpost  

The Supreme Court said a divorced Muslim woman can file a claim for maintenance under Section 125 of the Criminal Procedure Code against her former husband A divorced Muslim woman can now seek alimony from her husband by filing a claim for maintenance under Section 125 of the Criminal Procedure Code, the Supreme Court of India ruled on Wednesday. A …

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 …

SC says Muslim women entitled to seek maintenance from spouse under section 125 of CrpC
5 months, 2 weeks ago

SC says Muslim women entitled to seek maintenance from spouse under section 125 of CrpC

New Indian Express  

The bench said maintenance is not charity but the right of married women and it is applicable to all married women irrespective of their religion. He has contended that a divorced Muslim woman is not entitled for maintenance under Section 125 of CrPC and has to invoke the provisions of the Muslim Women Act, 1986. The bench clarified that if …

While Ordering Maintenance Under Domestic Violence Act, Magistrate Must Specify Whether It Is Being Provided Under CrPC Or HAMA: Kerala High Court
6 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
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 …

S.125 CrPC | Can A Wife Who Refuses To Live With Her Husband Alleging Mental Cruelty Be Denied Maintenance? Supreme Court To Decide
8 months ago

S.125 CrPC | Can A Wife Who Refuses To Live With Her Husband Alleging Mental Cruelty Be Denied Maintenance? Supreme Court To Decide

Live Law  

The Supreme Court is set to examine whether a wife who refuses to live with her husband, citing mental cruelty inflicted by his husband and his family members, can be denied maintenance in view of Section 125 of the CrPC. The concerned provision reads as follows: “No wife shall be entitled to receive an allowance from her husband under this …

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. …

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 …

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 …

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

Rs 60K maintenance for wife not high for rich hubby: Karnataka High Court
10 months, 3 weeks 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 …

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 …

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 …

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 …

Wife Working To Supplement Her Daily Expenditure Amid Non-Payment By Husband No Ground To Reduce Maintenance: Delhi High Court
1 year, 2 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 …

Earning Spouse Has A Duty To Protect Life, Liberty & Dignity Of Other As Long As Marriage Survives: Allahabad High Court
1 year, 3 months ago

Earning Spouse Has A Duty To Protect Life, Liberty & Dignity Of Other As Long As Marriage Survives: Allahabad High Court

Live Law  

The Allahabad High Court recently observed that so long as a marriage survives, it remains the duty of the earning spouse to protect the life, liberty and dignity of the other. The bench of Justice Saumitra Dayal Singh and Justice Rajendra Kumar-IV observed thus while hearing an appeal filed by one Santosh Kumar challenging an order passed by the Family …

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 …

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 …

'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 …

Muslim Woman Entitled to Maintenance under Domestic Violence Act Even after Divorce: Bombay High Court
1 year, 5 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 …

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 …

Dominant Purpose Of Section 125Cr.P.C. Is To Ensure That Neglected Wife, Child, Parents Are Not Left Helpless: Kerala High Court
1 year, 6 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 …

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 …

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 …

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 …

Wife Can File For Maintenance U/S 125 CrPC Even After Receiving Alimony If Unable To Maintain Herself Or Children: P&H HC
1 year, 11 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 …

Section 125 CrPC | Maintenance Must Be Granted From Date Of Filing Of Petition: Kerala High Court
2 years ago

Section 125 CrPC | Maintenance Must Be Granted From Date Of Filing Of Petition: Kerala High Court

Live Law  

The Kerala High Court recently held that a petitioner under Section 125 CrPC must be granted maintenance from the date of filing of petition and not just date of passing of order.Expressing shock at a Family Court's decision of granting maintenance from the date of order and not from the date of filing of petition, Justice A. Badharudeen said any …

S.125 CrPC | Not Obligatory For Claimant To Implead 'All Eligible Persons' Having Sufficient Means In Proceedings For Maintenance: Uttarakhand HC
2 years ago

S.125 CrPC | Not Obligatory For Claimant To Implead 'All Eligible Persons' Having Sufficient Means In Proceedings For Maintenance: Uttarakhand HC

Live Law  

The Uttarakhand High Court has clarified that it is not mandatory for a person claiming maintenance under Section 125 Cr.P.C. This reflects the legislative intent that any one of the several persons may be chosen for claiming maintenance and it is not obligatory on the part of the claimant seeking maintenance to name all the persons having sufficient means to …

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

Deserted Wife Entitled To Interim Maintenance Even If Divorce Petition Is Withdrawn: Karnataka High Court
2 years, 1 month ago

Deserted Wife Entitled To Interim Maintenance Even If Divorce Petition Is Withdrawn: Karnataka High Court

Live Law  

The Karnataka High Court has said that maintenance under Section 125 CrPC is a matter of right to a neglected wife, even in cases where she withdraws the petition seeking divorce. So long as the respondent remains a legally wedded wife of the petitioner and the fact that she has been deserted by the husband, interim maintenance is a matter …

Able-Bodied Husband Should Earn By Legitimate Means And Maintain His Wife And Minor Child : Supreme Court
2 years, 2 months ago

Able-Bodied Husband Should Earn By Legitimate Means And Maintain His Wife And Minor Child : Supreme Court

Live Law  

The Supreme Court observed that an able-bodied husband is obliged to earn by legitimate means and maintain his wife and the minor child.The husband is required to earn money even by physical labour, if he is an able-bodied, and could not avoid his obligation, except on the legally permissible grounds mentioned in the statute, the bench of Justices Dinesh Maheshwari …

Leave Deductions Tend To Fluctuate, Can't Be Considered In Computing Maintenance U/S 125 CrPC: Rajasthan HC
2 years, 2 months ago

Leave Deductions Tend To Fluctuate, Can't Be Considered In Computing Maintenance U/S 125 CrPC: Rajasthan HC

Live Law  

The Rajasthan High Court has observed that deductions from husband's monthly income due to certain leaves availed by him cannot become a part of the baseline in computing maintenance under Section 125 CrPC, as in all likelihood, the same will fluctuate over time. Considering the same, the court rejected the husband's claim that his total monthly income in his income-tax …

S.125 CrPC Meant For Immediate Support, Courts Cannot Be Hyper Technical In Their Approach: Bombay High Court
2 years, 5 months ago

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

Live Law  

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

S.125 CrPC | Object Of Maintenance Is To Compel Man To Perform Moral Obligation Which He Owes To Society Regarding Wife & Children: Delhi High Court
2 years, 5 months ago

S.125 CrPC | Object Of Maintenance Is To Compel Man To Perform Moral Obligation Which He Owes To Society Regarding Wife & Children: Delhi High Court

Live Law  

The Delhi High Court has observed that the provision of Section 125 of Code of Criminal Procedure which provides for maintenance, is intended to fulfil a social purpose and that its object is to compel a man to perform the moral obligation which he owes to the society in respect of his wife and children.Justice Purushaindra Kumar Kaurav was dealing …

Can't Reject Plea U/S 125 CrPC On The Ground That Wife Has Sufficient Means As She Got Money After Selling Property: Allahabad HC
2 years, 7 months ago

Can't Reject Plea U/S 125 CrPC On The Ground That Wife Has Sufficient Means As She Got Money After Selling Property: Allahabad HC

Live Law  

The Allahabad High Court recently observed that a wife doesn't lose her opportunity for grant of maintenance under Section 125 CrPC on the ground that she has sufficient means to maintain herself and her children as she got money after selling the property.With this, the Bench of Justice Brij Raj Singh set aside the judgment and order passed by the …

Divorced Muslim Woman Entitled To Maintenance U/S 125 CrPC To Succor Her Needs: Allahabad High Court
2 years, 7 months ago

Divorced Muslim Woman Entitled To Maintenance U/S 125 CrPC To Succor Her Needs: Allahabad High Court

Live Law  

The Allahabad High Court today observed that a Muslim woman is entitled to claim maintenance from her husband under Section 125 Cr.P.C. 1 along with her daughter moved to the Court in revision seeking to quash the judgment and order passed by the Principal Judge/A.D.J., Family Court, Lucknow wherein Section 125 CrPC Application moved by the Revisionist no. On the …

Wife Can't Be Denied Maintenance On Grounds That She Is Well-Educated: Punjab And Haryana High Court
2 years, 7 months ago

Wife Can't Be Denied Maintenance On Grounds That She Is Well-Educated: Punjab And Haryana High Court

Live Law  

The Punjab and Haryana High Court has observed that a wife cannot be denied maintenance on the grounds of being well-educated and that a husband is legally and morally responsible to look after his wife and childrenThe Bench of Justice Rajesh Bhardwaj observed thus in a petition filed by a husband challenging an order of the Principal Judge, directing him …

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