Is A Wife Divorced By Husband On Ground Of Desertion Entitled To Maintenance ? SC Answers [Read Judgment]
5 years, 5 months ago

Is A Wife Divorced By Husband On Ground Of Desertion Entitled To Maintenance ? SC Answers [Read Judgment]

Live Law  

The Supreme Court has observed that a wife, who has been divorced by the husband, on the ground that the wife has deserted him, is entitled to claim maintenance under Section 125 of the Code of Criminal Procedure. Contention that the divorced wife is under a compulsion to live with the ex-husband Illogical In Dr. Swapan Kumar Banerjee vs. State of WB, The contention of Advocate Debal Banerjee was that, no wife, who has deserted her husband can claim maintenance under Section 125 of the Cr.P.C. His argument was that, since in terms of the explanation 'wife' includes a 'divorced woman', therefore, even a wife who has been divorced on the ground of desertion would not be entitled to maintenance in view of sub-section of Section 125 CrPC. by deeming fiction includes a divorced woman to be a wife and, therefore, a woman who has been divorced by her husband can still claim maintenance under Section 125 of the Cr.P.C.

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History of this topic

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, Separated From 1st Husband, Can Claim Maintenance From 2nd Husband Though 1st Marriage Not Legally Dissolved: Supreme Court
1 month, 3 weeks ago

Wife, Separated From 1st Husband, Can Claim Maintenance From 2nd Husband Though 1st Marriage Not Legally Dissolved: Supreme Court

Live Law  

The Supreme Court ruled that a woman is entitled to claim maintenance under Section 125 of the Cr.P.C. Appellant No.1 then sought maintenance under Section 125 Cr.P.C., which was initially granted by the Family Court but later set aside by the High Court because her marriage was void due to subsistence of the first marriage as it was not legally …

Wife can claim maintenance despite not living with husband: Supreme Court
2 months, 2 weeks 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, 2 weeks 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, 2 weeks 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 …

Ex-Husband Can't Be Expected To Maintain Ex-Wife As Per His Present Status All Life; Alimony Not To Equalise Wealth : Supreme Court
Trending News
3 months, 1 week ago

Ex-Husband Can't Be Expected To Maintain Ex-Wife As Per His Present Status All Life; Alimony Not To Equalise Wealth : Supreme Court

Live Law  

The Supreme Court has observed that a divorced wife cannot seek permanent alimony just to attain equal wealth status with the ex-husband. The Court expressed reservtions with tendency in matrimonial proceedings to seek maintenance or alimony as an "equilisation of wealth with the other party." While the wife is entitled to be maintained, as far as possible, to the same …

Ex-Husband Can't Be Expected To Maintain Ex-Wife As Per His Present Status All Life; Alimony Not To Equalise Wealth : Supreme Court
Trending News
3 months, 1 week ago

Ex-Husband Can't Be Expected To Maintain Ex-Wife As Per His Present Status All Life; Alimony Not To Equalise Wealth : Supreme Court

Live Law  

The Supreme Court has observed that a divorced wife cannot seek permanent alimony just to attain equal wealth status with the ex-husband. The Court expressed reservtions with tendency in matrimonial proceedings to seek maintenance or alimony as an "equilisation of wealth with the other party." While the wife is entitled to be maintained, as far as possible, to the same …

Divorced woman can seek maintenance from ex-husband under Domestic Violence Act: HC
3 months, 3 weeks ago

Divorced woman can seek maintenance from ex-husband under Domestic Violence Act: HC

Hindustan Times  

MUMBAI: The Bombay high court on Wednesday held that a divorced wife can seek maintenance from her ex-husband by invoking provisions of the Protection of Women from Domestic Violence Act, 2005. Divorced woman can seek maintenance from ex-husband under Domestic Violence Act: HC A single judge bench of justice Sandipkumar More was hearing a plea filed by a 50-year-old agriculturist …

How divorced Muslim women can claim maintenance under Section 125 of CrPC? Explained
8 months, 2 weeks 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 …

Why is SC order on maintenance to divorced Muslim women a big deal? What did laws say earlier?
8 months, 2 weeks ago

Why is SC order on maintenance to divorced Muslim women a big deal? What did laws say earlier?

Firstpost  

The Supreme Court bench of justices BV Nagarathna and Augustine George Masih has said that divorced Muslim women can now seek maintenance under Section 125 of the CrPC. The 1986 law was brought in by the then Rajiv Gandhi government to dilute the apex court’s landmark Shah Bano ruling The two-judge apex court bench of justices BV Nagarathna and Augustine …

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 …

S.125 CrPC | Can A Wife Who Refuses To Live With Her Husband Alleging Mental Cruelty Be Denied Maintenance? Supreme Court To Decide
11 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 …

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, 3 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 …

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 …

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 …

'Wife' Entitled To Maintenance Under Section 125 CrPC Even If Marriage Was Not Legal: Madras High Court
1 year, 8 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, 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 …

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 …

Deserted Wife Entitled To Interim Maintenance Even If Divorce Petition Is Withdrawn: Karnataka High Court
2 years, 4 months 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, 5 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 …

Husband's Failure To Seek Execution Of Decree For Restitution Of Conjugal Rights Does Not Forgo Wife's Act Of Desertion: Chhattisgarh HC
2 years, 6 months ago

Husband's Failure To Seek Execution Of Decree For Restitution Of Conjugal Rights Does Not Forgo Wife's Act Of Desertion: Chhattisgarh HC

Live Law  

The Chhattisgarh High Court recently allowed the plea for divorce made by a husband after failure to persuade his wife to accompany him to the matrimonial home and her reluctance to join him even after passing of a decree in his favour under Section 9 of Hindu Marriage Act for restitution of conjugal rights.A bench of Justices Goutam Bhaduri and …

Wife Can't Be Denied Maintenance On Grounds That She Is Well-Educated: Punjab And Haryana High Court
2 years, 10 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 …

Either Of The Spouse Can Claim Alimony Under Sec 25 HMA : Bombay High Court Directs Wife To Pay Maintenance To Husband
2 years, 11 months ago

Either Of The Spouse Can Claim Alimony Under Sec 25 HMA : Bombay High Court Directs Wife To Pay Maintenance To Husband

Live Law  

In a rare instance the Bombay High Court upheld two orders of the civil court in Nanded, directing a wife, working as a teacher, to pay Rs 3,000 maintenance to her husband by directing the school principal to deduct Rs. "The scope of Section 25 of the Act of 1955 cannot be constricted by not making it applicable to a …

'She Has Not Established Any Reasonable Cause For Staying Away From Matrimonial Home': Supreme Court Dissolves A Marriage On Ground Of 'Desertion'
3 years, 1 month ago

'She Has Not Established Any Reasonable Cause For Staying Away From Matrimonial Home': Supreme Court Dissolves A Marriage On Ground Of 'Desertion'

Live Law  

The Supreme Court dissolved marriage on the ground of desertion observing that the 'wife' has not pleaded and established any reasonable cause for remaining away from her matrimonial home.The petition filed by the 'husband' on the grounds of cruelty and desertion was dismissed by the District Court. The Supreme Court dissolved marriage on the ground of desertion observing that the …

No Desertion If Wife Leaves Marital Home On The Ground That Husband Keeps 'Concubine': Chhattisgarh HC
3 years, 1 month ago

No Desertion If Wife Leaves Marital Home On The Ground That Husband Keeps 'Concubine': Chhattisgarh HC

Live Law  

In a significant order, the Chhattisgarh High Court has observed that if a wife leaves her matrimonial home due to the fact that her husband keeps another lady, and inflicts physical and mental torture upon her, then it cannot be presumed as desertion on the part of the wife.With this observation, the Bench of Justice Goutam Bhaduri and Justice Rajani …

Maintenance Awarded Must Be Reasonable & Realistic; Objective Of Alimony Is Not To Punish The Other Spouse: Supreme Court [Read Judgment]
4 years, 4 months ago

Maintenance Awarded Must Be Reasonable & Realistic; Objective Of Alimony Is Not To Punish The Other Spouse: Supreme Court [Read Judgment]

Live Law  

The Supreme Court has observed that the objective of granting interim / permanent alimony/maintenance is to ensure that the dependant spouse is not reduced to destitution or vagrancy on account of the failure of the marriage, and not as a punishment to the other spouse.The maintenance amount awarded must be reasonable and realistic, and avoid either of the two extremes …

Living In Adultery - Not A Bar To Seek Maintenance ?
4 years, 11 months ago

Living In Adultery - Not A Bar To Seek Maintenance ?

Live Law  

Man, whether in the role of a son, a father or a husband, has a socially embedded duty to provide for the well-being – physical as well as financial - of his elderly parents, children and wife. … The Orissa High Court has also held that there must be clear proof of adultery and a suspicion nurtured by the husband …

Wife Not Entitled To Maintenance If Allegation Of Adultery Is Proved Against Her: Bombay HC [Read Order]
5 years, 3 months ago

Wife Not Entitled To Maintenance If Allegation Of Adultery Is Proved Against Her: Bombay HC [Read Order]

Live Law  

The Bombay High Court has held that if allegations of adultery are proved against the wife in a marriage, she is not entitled to maintenance Justice NW Sambre was hearing two criminal writ petitions filed by one Sanjivani Kondalkar who challenged a judgment of the Additional Sessions Judge, Sangli allowing a revision application filed by the petitioner's husband seeking cancellation …

SC's Amusing Logic Burdens Deserted Husband To Maintain Wife After Divorce
5 years, 5 months ago

SC's Amusing Logic Burdens Deserted Husband To Maintain Wife After Divorce

Live Law  

The Supreme Court on Friday refused to reconsider its earlier view that a husband, who divorced his wife on the ground of desertion, would still be liable to maintain her, after divorce. Interpreting Section 125 of the Code of Criminal Procedure which bars a wife who deserts a husband from claiming maintenance and the deeming fiction of 'wife to include …

Husband Liable To Pay Maintenance When Marriage Was Annulled Due To His Fault : SC Upholds Kerala HC Order
5 years, 7 months ago

Husband Liable To Pay Maintenance When Marriage Was Annulled Due To His Fault : SC Upholds Kerala HC Order

Live Law  

The Supreme Court recently upheld a Kerala High Court judgment that held that where the marriage happened to be annulled or declared null and void due to some mischief or wrong committed by the husband, he will have to pay maintenance under Section 125 of Cr.P.C despite declaration of nullity or annulment of marriage.The bench comprising Justice R. Banumathi and …

Interim Maintenance Sought U/S.23 Of DV Act Can't Be Denied Unless It Is Proved That Wife Is Gainfully Employed: Delhi HC [Read Judgment]
5 years, 9 months ago

Interim Maintenance Sought U/S.23 Of DV Act Can't Be Denied Unless It Is Proved That Wife Is Gainfully Employed: Delhi HC [Read Judgment]

Live Law  

The Delhi High Court has held that once interim maintenance is sought by a wife under Section 23 of the Protection of Women from Domestic Violence Act, 2005, it cannot be denied to her unless she is gainfully employed drawing a salary. The petitioner filed an application under Section 23 of the DV Act for interim maintenance and in an …

Even If Wife Waives Off Her Right To Maintenance In Agreement With Husband, Her Statutory Right To Maintenance Under S.125 Of CrPC Can’t Be Bartered: Bombay HC [Read Judgment]
6 years, 2 months ago

Even If Wife Waives Off Her Right To Maintenance In Agreement With Husband, Her Statutory Right To Maintenance Under S.125 Of CrPC Can’t Be Bartered: Bombay HC [Read Judgment]

Live Law  

In a significant judgment, the Bombay High Court has held that even when a wife enters into an agreement with her husband waiving off her right to maintenance, her statutory right to maintenance cannot be bartered, done away with or negatived by the husband by setting up an agreement to the contrary.Justice MS Sonak was hearing a writ petition filed …

Even If Wife Waives Off Her Right To Maintenance In Agreement With Husband, Her Statutory Right To Maintenance Under S.125 Of CrPC Can’t Be Bartered: Bombay HC [Read Judgment]
6 years, 2 months ago

Even If Wife Waives Off Her Right To Maintenance In Agreement With Husband, Her Statutory Right To Maintenance Under S.125 Of CrPC Can’t Be Bartered: Bombay HC [Read Judgment]

Live Law  

In a significant judgment, the Bombay High Court has held that even when a wife enters into an agreement with her husband waiving off her right to maintenance, her statutory right to maintenance cannot be bartered, done away with or negatived by the husband by setting up an agreement to the contrary.Justice MS Sonak was hearing a writ petition filed …

Judicially Separated Wife Is Also Entitled To Maintenance: SC [Read Order]
7 years, 3 months ago

Judicially Separated Wife Is Also Entitled To Maintenance: SC [Read Order]

Live Law  

If a divorced wife is entitled for maintenance, there is no reason why a wife who is judicially separated is not entitled for maintenance, the court said.The Supreme Court has observed that a judicially separated wife is also entitled for maintenance.The wife had approached the apex court after the order granting maintenance by the trial court was set aside by …

Order Of Maintenance Awarded Under Domestic Violence Act Cannot Be Substituted By Maintenance Under S.125 of CrPC [Read Judgment]
7 years, 5 months ago

Order Of Maintenance Awarded Under Domestic Violence Act Cannot Be Substituted By Maintenance Under S.125 of CrPC [Read Judgment]

Live Law  

While examining a short question of whether the order of maintenance passed in the proceedings filed under Section 125 of CrPC is to be followed, or, whether the order of maintenance passed in the proceedings filed under Domestic Violence Act, is to be followed, the Bombay High Court has held that both stand independently of each other.Justice Shalini Phansalkar Joshi …

Wife Paying Maintenance To An Able Bodied Husband Would Promote “Idleness”: Kerala HC [Read Judgment]
7 years, 10 months ago

Wife Paying Maintenance To An Able Bodied Husband Would Promote “Idleness”: Kerala HC [Read Judgment]

Live Law  

The High Court of Kerala recently quashed a husband’s claim for maintenance, observing that maintenance under Section 24 of the Hindu Marriage Act is to be paid to the husband only when he is able to prove any incapability or handicap.The Bench comprising Justice A.M. Shaffique and Justice K. Ramakrishnan further observed that in the absence of such circumstances, endowing …

Wife Paying Maintenance To An Able Bodied Husband Would Promote “Idleness”: Kerala HC [Read Judgment]
7 years, 10 months ago

Wife Paying Maintenance To An Able Bodied Husband Would Promote “Idleness”: Kerala HC [Read Judgment]

Live Law  

The High Court of Kerala recently quashed a husband’s claim for maintenance, observing that maintenance under Section 24 of the Hindu Marriage Act is to be paid to the husband only when he is able to prove any incapability or handicap.The Bench comprising Justice A.M. Shaffique and Justice K. Ramakrishnan further observed that in the absence of such circumstances, endowing …

Wife Deserting Husband Entitled To Maintenance After Divorce: SC [Read Order]
7 years, 11 months ago

Wife Deserting Husband Entitled To Maintenance After Divorce: SC [Read Order]

Live Law  

The apex court upholds HC order to give maintenance with effect from the date of divorce decree.The Supreme Court, in Manoj Kumar vs Champa Devi, has upheld a Himachal Pradesh High Court order directing a husband to grant maintenance to his deserter wife, whom he had divorced, from the date when the divorce was decreed.The husband had contended before the …

Divorced Muslim woman also entitled to maintenance till she gets remarried: Bombay HC [Read Judgment]
8 years, 7 months ago

Divorced Muslim woman also entitled to maintenance till she gets remarried: Bombay HC [Read Judgment]

Live Law  

After a long wait of 27 years hoping to get maintenance from her husband who had divorced her, a Muslim lady in Maharashtra, got relief from Bombay High Court when it held that that even if the parties are governed by Mohammedan Law and provisions of Muslim Women Act, 1986 are applicable, still the maintenance is not required to be …

An Adulterous wife cannot claim maintenance : Madras High Court [Read the Judgment]
9 years, 7 months ago

An Adulterous wife cannot claim maintenance : Madras High Court [Read the Judgment]

Live Law  

The Madras High Court, in M.Chinna Karuppasamy Vs. Kanimozhi, has held that a divorced wife is living in ‘illicit relationship’ with man other than her former husband is disqualified from claiming maintenance from her former husband. Justice Nagamutthu further held that “The decree obtained by the husband for divorce on proving the adulterous life of the wife cannot give a …

Women cannot be treated as beggars and their grace cannot be lowered in rightful claim to maintenance after divorce if the husband has since then retired from his service ; SC
9 years, 11 months ago

Women cannot be treated as beggars and their grace cannot be lowered in rightful claim to maintenance after divorce if the husband has since then retired from his service ; SC

Live Law  

Refining the settled position relating to maintenance to divorced muslim women, a two judge bench of the Supreme Court has held that women cannot be treated as beggars and their grace cannot be lowered in rightful claim to maintenance after divorce if the husband has since then retired from his service. The learned Family Judge, Family Court, Lucknow while dealing …

Till Divorce and Alimony Do Us Part
10 years ago

Till Divorce and Alimony Do Us Part

The Quint  

A Family Court in Mumbai has observed that women who are qualified yet idle, are not entitled to claiming maintenance from their husbands. While dismissing a qualified dietician’s plea for maintenance from her businessman husband, the court observed that “The wife who is well qualified and claiming maintenance by sitting idle is not entitled to get maintenance. One, qualified as …

Wife is entitled to maintenance from the date of application not from the date of order; SC [Read the Judgment]
10 years, 4 months ago

Wife is entitled to maintenance from the date of application not from the date of order; SC [Read the Judgment]

Live Law  

While allowing the Special Leave Petition in a matter concerning a wife's and a minor daughter's right to maintenance, the Supreme Court bench comprising of Justices Chelameswar and S.A. Bobde upheld the view that it is completely justified to grant maintenance with effect from the date of the application. Placing reliance upon Shail Kumari Devi v. Krishan Bhagwan Pathak, the …

Muslim women entitled to maintenance even after divorce: Supreme Court
10 years, 10 months ago

Muslim women entitled to maintenance even after divorce: Supreme Court

The Hindu  

In a significant verdict, the Supreme Court has held that a Muslim woman will be entitled to maintenance from her husband even after divorce and she can file an application before a magistrate court. Quoting an earlier Constitution Bench verdict, a Bench of Justices Dipak Misra and Vikramajit Sen said: “A Muslim husband is liable to make a reasonable and …

Divorced wife also entitled to maintenance: HC
12 years, 3 months ago

Divorced wife also entitled to maintenance: HC

The Hindu  

A decree of divorce obtained by a person, either ex-parte or after effective contest, would not absolve him of the liability to pay monthly maintenance amount to his wife if such amount had been awarded by a judicial magistrate by invoking Section 125 of the Code of Criminal Procedure, the Madras High Court Bench here has held. empowers a judicial …

Should long-term live-in partner get maintenance if deserted?
14 years, 6 months ago

Should long-term live-in partner get maintenance if deserted?

The Hindu  

The Supreme Court has reserved verdict on an important question of law viz., whether a woman in a long live-in relationship is entitled to maintenance after she has been deserted by her partner. Ganguly said every woman, whether wife or long term live-in partner, should get maintenance if she was deserted. Every woman in a long-term relationship should get maintenance …

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