Nothing wrong if alimony is for maintaining lifestyle: Bombay HC
8 years, 7 months ago

Nothing wrong if alimony is for maintaining lifestyle: Bombay HC

Hindustan Times  

There is nothing wrong in a woman expecting to maintain the same lifestyle in the society in which she lived with her estranged husband, the Bombay high court said, and in a partial relief to a man from a royal family, ordered him to deposit 75% of the ₹11-crore permanent alimony. A division bench of Justice Naresh Patil and Justice Prakash Naik asked the man to deposit with the high court registry within three months 75% of the permanent alimony awarded by the Bandra family court — ₹6 crore for his former wife and ₹5 crore for their minor daughter. In September 2015, the Bandra court dissolved the marriage and directed the man to pay Rs11 crore as permanent alimony to his wife and their daughter. The counsel argued that the family court appeared to be impressed by the wealth possessed by his mother, head of the royal family, but properties held by the parents of the husband could not be taken into consideration while deciding on the alimony.

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History of this topic

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

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

Hindustan Times  

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

Alimony Must Be Commensurate With Status Of Spouses, Wife's Meagre Financial Requirements No Grounds To Restrict Amount: Calcutta High Court
2 months, 1 week ago

Alimony Must Be Commensurate With Status Of Spouses, Wife's Meagre Financial Requirements No Grounds To Restrict Amount: Calcutta High Court

Live Law  

The Calcutta High Court has held that the alimony sought for and granted to a spouse must be commensurate with the actual status and necessities of the spouses and merely because the wife had meagre financial means would not be a justification to restrict the amount granted.A division bench of Justices Sabyasachi Bhattacharya and Uday Kumar held:In the present case, …

Alimony can’t be a condition for bail in marital disputes: SC
2 months, 2 weeks ago

Alimony can’t be a condition for bail in marital disputes: SC

Hindustan Times  

New Delhi The Supreme Court has held that courts cannot impose the payment of alimony as a condition for granting bail in matrimonial disputes, in a significant ruling reinforcing the legal framework of bail jurisprudence. Emphasising that such a stipulation lies outside the scope of bail conditions, the apex court asserted that the conditions of bail must be relevant to …

‘Marriage is not a commercial venture’: SC rebuke for woman seeking permanent alimony after short-lived nuptials
3 months ago

‘Marriage is not a commercial venture’: SC rebuke for woman seeking permanent alimony after short-lived nuptials

Live Mint  

The Supreme Court of India censured a woman this week over calls for ‘permanent alimony’ following a short-lived marriage. He has now been ordered to shell out another ₹12 crore as permanent alimony to his second wife as a full and final settlement for all her claims within a month. The woman however insisted that she should be granted a …

Can’t seek alimony as means to equalise wealth: Supreme Court
3 months ago

Can’t seek alimony as means to equalise wealth: Supreme Court

Hindustan Times  

A Hindu marriage is a sacrament and not a commercial venture, the Supreme Court held on Thursday, highlighting concerns over the misuse of penal laws in matrimonial disputes and clarifying that alimony cannot be sought as a means to equalise wealth between spouses, even if the husband has achieved financial success post-separation. “A Hindu marriage is a sacrament and is …

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 …

Permanent Alimony Shouldn't Penalize Husband But Should Ensure Decent Living For Wife : Supreme Court Lists Out Factors
3 months, 1 week ago

Permanent Alimony Shouldn't Penalize Husband But Should Ensure Decent Living For Wife : Supreme Court Lists Out Factors

Live Law  

The Supreme Court on Tuesday directed a husband to grant permanent alimony of Rs. 5 Crores, the Court referred to the cases of Rajnesh v. Neha and Kiran Jyot Maini v. Anish Pramod Patel to look upon the factors that need to be considered while deciding the permanent alimony amount. The Court noted that the permanent alimony amount should be …

Supreme Court orders man to pay wife Rs 5 crore lump sum settlement for divorce
3 months, 1 week 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 …

‘Let her earn’: Karnataka judge on woman seeking ₹6 lakh monthly maintenance from ex-husband
7 months ago

‘Let her earn’: Karnataka judge on woman seeking ₹6 lakh monthly maintenance from ex-husband

Hindustan Times  

A Karnataka High Court judge refused to entertain a woman's request for ₹6 lakh per month as alimony from her ex-husband, saying that she could start earning if she wanted to spend so much. The judge asked how a single woman could spend ₹ 6 lakh per month A video from the court proceedings is being widely circulated online shows …

'Permanent Alimony Is Awarded To Ensure Decent Living Standard For Wife' : Supreme Court Reiterates Factors To Be Considered
8 months ago

'Permanent Alimony Is Awarded To Ensure Decent Living Standard For Wife' : Supreme Court Reiterates Factors To Be Considered

Live Law  

The Supreme Court, while ordering the dissolution of marriage, observed that the award of maintenance or permanent alimony should not be penal. With respect to the husband's financial capacity, the Court said that his actual income, reasonable expenses for his own maintenance, and any dependents he is legally obligated to support should be examined. Respondent-husband has certain obligations towards three …

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

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

Op India  

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

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 …

[S.24 HMA] Affidavit Disclosing Assets & Liabilities Not Filed By Parties: Calcutta HC Orders District Court To Decide Alimony Claim Afresh
2 years, 1 month ago

[S.24 HMA] Affidavit Disclosing Assets & Liabilities Not Filed By Parties: Calcutta HC Orders District Court To Decide Alimony Claim Afresh

Live Law  

The Calcutta High Court at Jalpaiguri on Wednesday directed the District Judge, Cooch Behar to re-decide the application for alimony filed by a wife under Section 24 of the Hindu Marriage Act, in compliance with the proposition laid down by the Supreme Court in Rajnesh v. Neha. The judgement of Supreme Court in Rajnesh v. Neha mandates that the Affidavit …

Bombay HC Upholds Alimony Granted to Wife Under Domestic Violence Act after 'Customary Divorce'
2 years, 1 month ago

Bombay HC Upholds Alimony Granted to Wife Under Domestic Violence Act after 'Customary Divorce'

News 18  

A single-judge bench of the Bombay High Court of SG Mehare recently dismissed a revision plea filed by a husband while noting that he cannot claim that after customary divorce, the domestic relationship ceased, and the wife is not entitled to reliefs under the Domestic Violence Act. The order reads, “In other words, even if an aggrieved person is not …

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 …

Decree Of Permanent Alimony & Maintenance Can't Be Executed In Absence Of Husband's Assets: Punjab & Haryana High Court
2 years, 7 months ago

Decree Of Permanent Alimony & Maintenance Can't Be Executed In Absence Of Husband's Assets: Punjab & Haryana High Court

Live Law  

The Punjab and Haryana High Court recently upheld lower court's decision dismissing the execution petition of decree holder-wife as unsatisfied, due to the fact that she could not bring on record the properties or assets owned by the judgement-debtor/husband. The bench comprising Justice Alka Sarin further added that even before this Court, the counsel for the decree-holder/wife has not been …

Bombay HC Upholds Lower Court Order Directing Teacher to Pay Alimony to Former Husband
2 years, 11 months ago

Bombay HC Upholds Lower Court Order Directing Teacher to Pay Alimony to Former Husband

News 18  

The Bombay High Court has upheld orders passed by a local court in Nanded in Maharashtra directing a woman teacher to pay alimony to her "indigent" former husband. In an order passed on February 26 this year, Justice Bharati Dangre of the Aurangabad bench of the high court upheld the orders passed by the local court in 2017 and 2019. …

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 …

Decade after husband’s death, HC allows plea against divorce in Delhi
6 years, 4 months ago

Decade after husband’s death, HC allows plea against divorce in Delhi

The Hindu  

Ten years after her estranged husband died, the Delhi High Court has allowed a woman’s plea to set aside their divorce by mutual consent, saying she had not agreed to it in the trial court. Hindu Marriage Act Justice Anu Malhotra said that under the Hindu Marriage Act, divorce by mutual consent can be granted only if there was continued …

SC Sets Aside ‘Unreasoned’ Family Court Order That Asked Husband To Pay Rs.15 Lakh Permanent Alimony To Wife [Read Judgment]
6 years, 11 months ago

SC Sets Aside ‘Unreasoned’ Family Court Order That Asked Husband To Pay Rs.15 Lakh Permanent Alimony To Wife [Read Judgment]

Live Law  

Orders of the high court and family court deprived him to know the reasons for fixing the permanent alimony amount of Rs.15,00,000 payable to his wife, the bench said.The Supreme Court today set aside an ‘unreasoned’ family court order that directed a husband to pay Rs. Orders of the high court and family court deprived him to know the reasons …

Bombay HC Upholds Divorce On Grounds Of Cruelty Towards Husband Whose Wife Filed False 498A Case [Read Judgment]
7 years, 10 months ago

Bombay HC Upholds Divorce On Grounds Of Cruelty Towards Husband Whose Wife Filed False 498A Case [Read Judgment]

Live Law  

The Bombay High Court has upheld the order of a family court dissolving a marriage between a couple who had been married since 1987, on grounds of cruelty.The family court, in its order dated May 26, 2008, allowed the husband’s divorce petition on grounds of cruelty and desertion by the wife under Sections 10 and of the Divorce Act, 1869.However, …

Bombay HC Upholds Divorce On Grounds Of Cruelty Towards Husband Whose Wife Filed False 498A Case [Read Judgment]
7 years, 10 months ago

Bombay HC Upholds Divorce On Grounds Of Cruelty Towards Husband Whose Wife Filed False 498A Case [Read Judgment]

Live Law  

The Bombay High Court has upheld the order of a family court dissolving a marriage between a couple who had been married since 1987, on grounds of cruelty.The family court, in its order dated May 26, 2008, allowed the husband’s divorce petition on grounds of cruelty and desertion by the wife under Sections 10 and of the Divorce Act, 1869.However, …

Supreme Court says alimony must befit status of both parties, spouse's capacity
7 years, 10 months ago

Supreme Court says alimony must befit status of both parties, spouse's capacity

Firstpost  

The amount of alimony awarded to a woman must be befitting the status of parties and capacity of the spouse to pay maintenance, the Supreme Court has said. New Delhi: The amount of alimony awarded to a woman must be befitting the status of parties and capacity of the spouse to pay maintenance, the Supreme Court has said. The court’s …

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 …

While granting divorce in favour of Husband, Permanent alimony can be granted to a wife who did not join him in spite of direction of restitution of conjugal rights: Orissa HC [Read Judgment]
9 years, 2 months ago

While granting divorce in favour of Husband, Permanent alimony can be granted to a wife who did not join him in spite of direction of restitution of conjugal rights: Orissa HC [Read Judgment]

Live Law  

We are not inclined to accept the contention raised by the learned counsel for the respondent husband that if a wife does not join the company of her husband in spite of the direction of restitution of conjugal rights, at the time of passing decree of divorce in favour of the husband, no permanent alimony can be granted to the …

Woman Leaving Hubby On Her Own Not Entitled To Alimony : Court
13 years, 4 months ago

Woman Leaving Hubby On Her Own Not Entitled To Alimony : Court

India TV News  

New Delhi, Nov 2: A woman cannot claim maintenance from her husband if she leaves him out of her own “sweet will”, a Delhi court has held denying alimony to an estranged wife. The court said living separately from the husband was not sufficient for the wife to claim maintenance as she must prove that her husband had refused to …

New use of alimony; cheating the taxman
17 years, 3 months ago

New use of alimony; cheating the taxman

Hindustan Times  

A flat worth Rs 75 lakh and Rs 25 lakh in cash is what Mandira Suri received as alimony this April. HT Image With huge amounts of tax-free money involved, said a lawyer on condition of anonymity, "Many women are misusing these provisions, all because of Sections 498A and 406." "Men get slapped with charges of neglecting guardianship and domestic …

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