Wives & Children Struggle To Face Matrimonial Proceedings Due To Financial Crisis, Husbands Exploit Their Situation: Allahabad HC
4 months, 1 week ago

Wives & Children Struggle To Face Matrimonial Proceedings Due To Financial Crisis, Husbands Exploit Their Situation: Allahabad HC

Live Law  

The Allahabad High Court has observed that in matrimonial proceedings, wives and children often face financial crises compared to husbands, as they have limited support from family or income and their situation is frequently exploited by husbands, which makes it difficult for them to face such proceedings. The Court added that Section 24 of the Hindu Marriage Act aims to balance this very financial disparity in matrimonial proceedings by providing pendent-lite maintenance to the wife during the pendency of the case arising out of matrimonial dispute. The Court also noted that the importance of maintenance orders under this provision is highlighted because such orders are enforceable like Civil Court decrees under Section 51 and Order XXI of the Civil Procedure Code, 1908 and that these orders are temporary and end once the matrimonial proceedings are concluded. The family court has passed this order in the application moved by the wife seeking pendent-lite maintenance in connection with the divorce suit filed by the husband under Section 13 of the 1955 Act.

Family Children Financial Court Family Court Maintenance Order His Wife Husband Wife This Provision Section 24 Matrimonial Proceedings  struggle  husband  children  hc  situation  husbands  financial  matrimonial  proceedings  wife  family  face  order  maintenance  court  wives  exploit

History of this topic

Money after divorce: How courts calculate alimony
5 days, 14 hours ago

Money after divorce: How courts calculate alimony

India Today  

Whether it’s a Hollywood split or a high-profile breakup in Bollywood, the headlines always leave people stunned not just by the emotional drama, but also by the large sums involved in the aftermath of divorces. Courts decide based on several factors such as the financial standing of both spouses, their earning potential, and contributions to the marriage," said Nikita Anand, …

Supreme Court Order Expediting Divorce Proceedings Cannot Be Taken To Deprive Wife Of Her Right To Contest: Allahabad High Court
2 months ago

Supreme Court Order Expediting Divorce Proceedings Cannot Be Taken To Deprive Wife Of Her Right To Contest: Allahabad High Court

Live Law  

Recently, the Allahabad High Court has held that order passed by the Supreme Court expediting divorce proceedings cannot be a ground to deprive the wife of her right to contest divorce proceedings. Subsequently, appellant-wife approached the Supreme Court seeking transfer of proceedings to Kanpur Nagar, UP, which was allowed with an observation “to make all endeavour to dispose of the …

Refusal Of Husband To Lead Evidence Not Sufficient For HC To Extend Further Opportunity To Adduce Evidence: Allahabad High Court
2 months ago

Refusal Of Husband To Lead Evidence Not Sufficient For HC To Extend Further Opportunity To Adduce Evidence: Allahabad High Court

Live Law  

The Allahabad High Court has held that decision of the Trial Court/ Family Court cannot be set aside because of failure on part of the husband in leading evidence when there is no other infirmity in the order. The bench of Justice Ashwani Kumar Mishra and Justice Donadi Ramesh held “Refusal/ failure on part of the husband to lead any …

Supreme Court says woman can’t demand alimony to match ex-husband’s current wealth,
3 months ago

Supreme Court says woman can’t demand alimony to match ex-husband’s current wealth,

Op India  

Amid the rising debate over astronomical alimony demands in divorce cases and misuse of domestic violence laws, the Supreme Court on Thursday said that a divorced wife can’t demand permanent alimony just to maintain equal wealth status with the ex-husband. The petitioner woman, the man’s second wife, demanded that her alimony should match her ex-husband’s current wealth as well as …

Supreme Court orders man to pay wife Rs 5 crore lump sum settlement for divorce
3 months, 2 weeks ago

Supreme Court orders man to pay wife Rs 5 crore lump sum settlement for divorce

India Today  

The Supreme Court has directed a man to pay Rs 5 crore as a lump sum settlement to his wife as permanent alimony after granting the dissolution of their marriage. The verdict was delivered by a bench comprising Justice Vikram Nath and Justice Prasanna V. Varale, who emphasised the need for the husband to fulfil his parental obligations towards the …

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. …

Exploitation, financial crises make matrimonial proceedings difficult for wives and children: Allahabad HC
4 months, 1 week ago

Exploitation, financial crises make matrimonial proceedings difficult for wives and children: Allahabad HC

Hindustan Times  

The Lucknow bench of the Allahabad high court observed that in matrimonial proceedings, wives and children often face greater financial crises compared to husbands, as they have limited support from family or income. Lucknow bench of Allahabad High Court A division bench comprising Justice Vivek Chaudhary and Justice Om Prakash Shukla passed the judgment on November 11, 2024, while dismissing …

Long Separation Coupled With Criminal Prosecution Without Any Desire To Retrieve Relationship Shows Irretrievable Breakdown Of Marriage: Allahabad HC
6 months, 1 week ago

Long Separation Coupled With Criminal Prosecution Without Any Desire To Retrieve Relationship Shows Irretrievable Breakdown Of Marriage: Allahabad HC

Live Law  

The Allahabad High Court has held that long separation coupled with criminal prosecution and harsh words without any desire to retrieve the matrimonial relationship shows an irretrievable breakdown of marriage. While dealing with a matrimonial case of 21 years of separation, the bench comprising of Justice Saumitra Dayal Singh and Justice Donadi Ramesh held “Desertion suffered over long years in …

Family court in Indore orders wife to give maintenance to jobless husband
1 year, 1 month ago

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

Op India  

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

Husband Bound To Maintain Wife Despite Lack Of Income, He Can Earn ₹350-400 Per Day As An Unskilled Worker: Allahabad HC
1 year, 1 month ago

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

Live Law  

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

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 …

Unreasonable To Expect Documentary Evidence For Money Exchanged Between Parties At Time Of Marriage: Kerala High Court
1 year, 5 months ago

Unreasonable To Expect Documentary Evidence For Money Exchanged Between Parties At Time Of Marriage: Kerala High Court

Live Law  

The Kerala High Court has ordered the return of patrimony amount given by a woman's family to her husband at the time of their marriage, irrespective of the fact that there was no documentary evidence to prove the source of money or the handing over of money. Michael wherein the Court stated that it was unreasonable for the Court to …

Brunt Of Married Man's "Illicit Relationship" With Another Woman Falls On His Wife, Children: Punjab & Haryana High Court Imposes Cost
1 year, 5 months ago

Brunt Of Married Man's "Illicit Relationship" With Another Woman Falls On His Wife, Children: Punjab & Haryana High Court Imposes Cost

Live Law  

The Punjab and Haryana High Court recently expressed reservations over a married man living with a divorced woman, stating that the brunt of their "illicit relationship" had befallen on the man's wife and children.It dismissed the couple's protection plea against the man's wife stating that it's a mere "cover up" and directed them to pay cost of Rs. The Punjab …

Earning Spouse Has A Duty To Protect Life, Liberty & Dignity Of Other As Long As Marriage Survives: Allahabad High Court
1 year, 6 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 …

Husband Not Discharged From Personal Liability To Maintain Wife & Children On Ground That He Has No Means To Pay: Gauhati High Court
2 years, 2 months ago

Husband Not Discharged From Personal Liability To Maintain Wife & Children On Ground That He Has No Means To Pay: Gauhati High Court

Live Law  

The Gauhati High Court has observed that it is a very common plea of husbands embroiled in matrimonial litigation that they are not in a financial position to maintain their wife and children. Justice Malasri Nandi remarked, The Court thus upheld a family court order directing the Petitioner-husband to pay maintenance to the respondent/wife amounting to Rs.3,000/- per month and …

[Transfer Of Matrimonial Case] More Weightage To Be Given To Husband's Convenience When He's Taking Care Of Children: MP High Court
2 years, 7 months ago

[Transfer Of Matrimonial Case] More Weightage To Be Given To Husband's Convenience When He's Taking Care Of Children: MP High Court

Live Law  

The Madhya Pradesh High Court recently in an application for transfer of a matrimonial case observed that when it's the husband who has the custody of the minor children, more weightage has to be given to his convenience compared to that of the wife. The bench comprising of Justice Nandita Dubey further noted that under such circumstances, the husband cannot …

"Threat From Husband Not Demonstrated In Protection Plea": Allahabad HC Imposes ₹5K Cost On Married Woman, Her Live-In Partner
2 years, 8 months ago

"Threat From Husband Not Demonstrated In Protection Plea": Allahabad HC Imposes ₹5K Cost On Married Woman, Her Live-In Partner

Live Law  

The Allahabad High Court on Monday dismissed a protection plea filed by a married woman and her live-in partner with a cost of Rs.5,000 as it noted that the petitioners had failed to demonstrate that they were facing any threat from the husband of the woman.The Bench of Justice Dr. Kaushal Jayendra Thaker and Justice Ajai Tyagi further observed that …

Wife Constraining Husband To Get Separated From Parents Is Cruelty, Says Chhattisgarh HC
2 years, 10 months ago

Wife Constraining Husband To Get Separated From Parents Is Cruelty, Says Chhattisgarh HC

ABP News  

New Delhi: The Chhattisgarh High Court recently noted that a wife persistently putting constraint on husband to get separated from his parents and threatening him to in a false dowry demand case would amount to mental cruelty, reported Bar and Bench. A two-judge bench committee composed of judges Goutam Bhaduri and NK Chandravanshi was hearing a petition filed by a …

Matrimonial dispute: HC directs woman to enable children to meet father via videoconferencing
4 years, 10 months ago

Matrimonial dispute: HC directs woman to enable children to meet father via videoconferencing

The Hindu  

In an ongoing matrimonial dispute, a single Bench of the Bombay High Court has directed a woman to make necessary arrangements to enable her two children to meet their father via videoconferencing during the lockdown. The woman filed a petition on August 22 last year requesting the family court to intervene and interview the children to ascertain their willingness to …

Inconvenience Of Wife Should Be Treated As Prime Consideration In Transfer Petitions Arising Out Of A Matrimonial Suit: Calcutta HC [Read Judgment]
5 years, 2 months ago

Inconvenience Of Wife Should Be Treated As Prime Consideration In Transfer Petitions Arising Out Of A Matrimonial Suit: Calcutta HC [Read Judgment]

Live Law  

In a transfer petition filed under Section 24 of CPC, the Calcutta High Court has ruled that if such transfer is sought by a wife during the course of matrimonial proceedings, the court should, while deciding the petition, take into consideration the inconvenience caused to her. Notably, this ruling runs contrary to a former observation made by the high court …

Insist On Income & Assets Affidavit In Matrimonial Cases, Directs P&H HC [Read Judgment]
5 years, 2 months ago

Insist On Income & Assets Affidavit In Matrimonial Cases, Directs P&H HC [Read Judgment]

Live Law  

On Monday, the Punjab and Haryana High Court directed all family courts in the state to insist on affidavit of assets, income & expenditure in all matrimonial cases, to avoid unnecessary burden on wives seeking maintenance. Furnishing of such affidavits would check the practice of playing "hide and seek" game in such cases where an attempt is made by a …

Family Court Shall Hear Domestic Violence Case Along With Matrimonial Dispute Says Bombay HC [Read Order]
5 years, 3 months ago

Family Court Shall Hear Domestic Violence Case Along With Matrimonial Dispute Says Bombay HC [Read Order]

Live Law  

The Bombay High Court last month allowed transfer of a pending criminal proceeding under Section 12 of the Protection of Women from Domestic Violence Act, 2005 to the Family Court at Pune to be tried along with the pending divorce petition in the interest of justice. Whereas, Rohile argued that Family Court has no authority or jurisdiction to consider a …

Husband Has to Pay Maintenance For Children Irrespective Of His Wife Earning: Delhi HC [Read Judgment]
5 years, 8 months ago

Husband Has to Pay Maintenance For Children Irrespective Of His Wife Earning: Delhi HC [Read Judgment]

Live Law  

The Delhi High Court recently observed that the husband cannot avoid undertaking the responsibility of maintaining his children merely because his wife is earning. Justice Sanjeev Sachdeva of the Delhi High Court was hearing a revision petition challenging an order of the Sessions Court whereby an appeal of the petitioner against an order of the Trial Court was dismissed. While …

Even Poorest Of Poor Has Right To Procure And Shower Love On Child, Income Irrelevant For Guardianship: Uttarakhand HC
7 years, 9 months ago

Even Poorest Of Poor Has Right To Procure And Shower Love On Child, Income Irrelevant For Guardianship: Uttarakhand HC

Live Law  

The High Court of Uttarakhand on Thursday allowed a mother’s appeal for custody of her minor son, and lamented the sole reliance placed by the Additional Family Court on the financial status of the parties.“…income of either of the party in matrimony is irrelevant for considering the propriety of guardianship, as even poorest of poor have right to procure child …

Even Poorest Of Poor Has Right To Procure And Shower Love On Child, Income Irrelevant For Guardianship: Uttarakhand HC
7 years, 9 months ago

Even Poorest Of Poor Has Right To Procure And Shower Love On Child, Income Irrelevant For Guardianship: Uttarakhand HC

Live Law  

The High Court of Uttarakhand on Thursday allowed a mother’s appeal for custody of her minor son, and lamented the sole reliance placed by the Additional Family Court on the financial status of the parties.“…income of either of the party in matrimony is irrelevant for considering the propriety of guardianship, as even poorest of poor have right to procure child …

Why Marry If You Can’t Maintain Wife, Kids: Madras HC [Read Judgment]
7 years, 10 months ago

Why Marry If You Can’t Maintain Wife, Kids: Madras HC [Read Judgment]

Live Law  

The husband will be ready to spend any amount on matrimonial litigation, but he will not have the heart to pay a paltry sum towards maintenance to his wife and children, the court observed.The Madras High Court, while disposing of revision petition against a maintenance case, has observed that there is unreasonable delay on the part of family courts in …

Why Marry If You Can’t Maintain Wife, Kids: Madras HC [Read Judgment]
7 years, 10 months ago

Why Marry If You Can’t Maintain Wife, Kids: Madras HC [Read Judgment]

Live Law  

The husband will be ready to spend any amount on matrimonial litigation, but he will not have the heart to pay a paltry sum towards maintenance to his wife and children, the court observed.The Madras High Court, while disposing of revision petition against a maintenance case, has observed that there is unreasonable delay on the part of family courts in …

Kids Being Used As Tools Of Vengeance By Vindictive Parents: Delhi HC [Read Judgment]
8 years, 1 month ago

Kids Being Used As Tools Of Vengeance By Vindictive Parents: Delhi HC [Read Judgment]

Live Law  

Innocent children are used as tools of vengeance by vindictive litigants, the Delhi High Court has observed while disposing of a matrimonial appeal.The court observed that the number of divorce cases across all sections of the society is on the increase, resulting in rise of bitter child custody battles. The court observed that the number of divorce cases across all …

Husband Can't Deny Maintenance to Wife, Kids Merely Because Wife Earns More
8 years, 2 months ago

Husband Can't Deny Maintenance to Wife, Kids Merely Because Wife Earns More

Live Law  

The Punjab and Haryana High Court has dismissed a petition against the decision of the district court, Pathankot, which granted the wife right to maintenance under the Hindu Marriage Act, 1955 even when she was earning more than her husband.The lower court had ordered the husband to pay Rs. The Punjab and Haryana High Court has dismissed a petition against …

Adjudication in Marital disputes is riddled with complications: Delhi HC [Read Judgment]
8 years, 6 months ago

Adjudication in Marital disputes is riddled with complications: Delhi HC [Read Judgment]

Live Law  

Cautioning against the overwhelming nature of evidentiary material in such pleadings, the court stated that factors of each case must be considered, and accusations and allegations must be viewed in the context in which they were made. Pointing out that divorce petitions are mostly rigged with exaggerated allegations against the spouse, the Delhi High Court on Friday held that ‘the. …

Lavish life style and Credit Card spending crucial in determining interim maintenance: Bombay HC [Read Judgment]
8 years, 6 months ago

Lavish life style and Credit Card spending crucial in determining interim maintenance: Bombay HC [Read Judgment]

Live Law  

Bombay High Court hiked the maintenance money sanctioned by a Family Court and ruled that a lavish lifestyle and luxury spending coupled with abundant use of Credit Card show the financial capacity of the husband and must be considered while deciding interim maintenance to the wife.Deciding over the interim maintenance to the wife in Divorce proceedings dated April 2014, the …

Lavish life style and Credit Card spending crucial in determining interim maintenance: Bombay HC [Read Judgment]
8 years, 6 months ago

Lavish life style and Credit Card spending crucial in determining interim maintenance: Bombay HC [Read Judgment]

Live Law  

Bombay High Court hiked the maintenance money sanctioned by a Family Court and ruled that a lavish lifestyle and luxury spending coupled with abundant use of Credit Card show the financial capacity of the husband and must be considered while deciding interim maintenance to the wife.Deciding over the interim maintenance to the wife in Divorce proceedings dated April 2014, the …

Supreme Court sets aside Delhi HC order imposing costs to quash criminal proceedings [Read Judgment]
8 years, 7 months ago

Supreme Court sets aside Delhi HC order imposing costs to quash criminal proceedings [Read Judgment]

Live Law  

The Apex Court has set aside imposition of costs on a person by Delhi High Court as a condition to quash criminal proceedings against him, which was an outcome of a matrimonial dispute between him and his wife.A Husband had approached Delhi High Court seeking quashing of FIR against him alleging offences under Sections 325/324/323/34 of the IPC, on the …

Supreme Court sets aside Delhi HC order imposing costs to quash criminal proceedings [Read Judgment]
8 years, 7 months ago

Supreme Court sets aside Delhi HC order imposing costs to quash criminal proceedings [Read Judgment]

Live Law  

The Apex Court has set aside imposition of costs on a person by Delhi High Court as a condition to quash criminal proceedings against him, which was an outcome of a matrimonial dispute between him and his wife.A Husband had approached Delhi High Court seeking quashing of FIR against him alleging offences under Sections 325/324/323/34 of the IPC, on the …

Husband and Wife have to file detailed Affidavits of Income, Assets and Expenditure during divorce proceedings; Delhi High Court [Read the Judgment]
10 years, 2 months ago

Husband and Wife have to file detailed Affidavits of Income, Assets and Expenditure during divorce proceedings; Delhi High Court [Read the Judgment]

Live Law  

The Delhi High Court have issued direction that both the husband and the wife need to file detailed affidavits of income, assets and expenditure at the time of filing for divorce or maintenance petitions. Now hiding of assets and income at the time of divorce or maintenance proceedings will put in difficulty with the Delhi High Court.Justice J R Midha …

“Why should husbands made to suffer all the time”: SC refuses to transfer matrimonial dispute
10 years, 2 months ago

“Why should husbands made to suffer all the time”: SC refuses to transfer matrimonial dispute

Live Law  

Refusing to transfer a matrimonial dispute to the wife’s convenience, a Supreme Court Bench comprising of Chief Justice H.L. Sikri, observed, “Estranged wives seeking transfer of cases, filed by husbands, to their places of residence has become the order of the day. Why the husbands should be always made to suffer.” The Court has been rather lenient in acceding to …

“Why should husbands made to suffer all the time”: SC refuses to transfer matrimonial dispute
10 years, 2 months ago

“Why should husbands made to suffer all the time”: SC refuses to transfer matrimonial dispute

Live Law  

Refusing to transfer a matrimonial dispute to the wife’s convenience, a Supreme Court Bench comprising of Chief Justice H.L. Sikri, observed, “Estranged wives seeking transfer of cases, filed by husbands, to their places of residence has become the order of the day. Why the husbands should be always made to suffer.” The Court has been rather lenient in acceding to …

Estranged wife, child are entitled to decent living: Court
10 years, 3 months ago

Estranged wife, child are entitled to decent living: Court

India TV News  

New Delhi: A Delhi court has asked a man to pay Rs 8,000 as maintenance to his estranged wife and their two-year-old child, saying they are entitled to a decent living and the ordinary comforts of life. Additional Sessions Judge Sanjay Sharma asked the man, a Delhi resident, to pay Rs 4,000 per month each to the woman and their …

Maintain wife, child even if unemployed: HC
11 years, 10 months ago

Maintain wife, child even if unemployed: HC

Firstpost  

Mumbai: Refusing to grant relief to an unemployed man, the Bombay High Court has ruled that a husband has to work and earn in order to maintain his wife and child and cannot escape from it on the ground that he does not have a job. “The excuses given on behalf of the respondent that he is not able to …

Indian-origin man told to pay Dubai-based wife's travel cost for court case
12 years, 4 months ago

Indian-origin man told to pay Dubai-based wife's travel cost for court case

India TV News  

Mumbai,Oct 29,2012: Holding that a wife is entitled to interim maintenance during a divorce proceeding, the Bombay high court has ordered an Indian-origin Nigerian businessman to pay his Dubai-based spouse Rs 25,000 every month and also pay expenses incurred for travelling to Mumbai for the case. A division bench headed by Chief Justice Mohit Shah also recently ordered the husband …

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