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, 6 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 are considered, the wife would become entitled to enhancement of maintenance not to the extent of enhancement sought at 2,00,000, per month, but is entitled to enhancement by 75,000, over and above what is granted by the concerned Court.” The couple got married back in 2001 and had a child who is currently 21 years old. 7,72,000/- goes for the business purpose towards a loan that is taken after initiation of several proceedings by the wife against the husband, in the considered view of this Court, it would not absolve the husband to maintain the wife and the son.” Court reiterated that maintenance payable to wife is not for mere existence and if the husband has been living a good life, the wife cannot be asked to lead a life which is lower.

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History of this topic

Well-Qualified Husband Quitting Job To Avoid Paying Maintenance To Wife Can't Be Appreciated In Civilized Society: Orissa HC
5 days, 16 hours ago

Well-Qualified Husband Quitting Job To Avoid Paying Maintenance To Wife Can't Be Appreciated In Civilized Society: Orissa HC

Live Law  

The Orissa High Court has remarked that a well-qualified husband, who quits his job to sit idle and remains unemployed in order to deprive his wife of maintenance, cannot be appreciated in a civilised society. While deciding a maintenance dispute, the Single Bench of Justice Gourishankar Satapathy further observed – “Remaining unemployed is one thing and sitting idle having qualification …

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

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

Live Law  

The Orissa High Court has ruled that a competent Court, considering facts and circumstances of the case as well as to provide just and fair means, can grant maintenance to wife exceeding the amount which she claimed in her application under the Hindu Marriage Act, 1955. Clarifying the disputed question concerning jurisdiction of Courts to grant enhanced maintenance, the Division …

Law Doesn't Appreciate Educated Wife Sitting Idle & Seeking Maintenance From Husband: Orissa High Court
1 month ago

Law Doesn't Appreciate Educated Wife Sitting Idle & Seeking Maintenance From Husband: Orissa High Court

Live Law  

The Orissa High Court has recently held that law does not favour a well-educated woman to sit idle without trying to pursue any work merely to incumber the liability of paying maintenance upon the husband for her sustenance. While lessening the maintenance amount awarded by the Family Court, the Single Bench of Justice Gourishankar Satapathy observed – “Law never appreciates …

Pay maintenance to wife even if her earlier marriage is valid: SC
1 month, 1 week 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 can claim maintenance despite not living with husband: Supreme Court
2 months 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 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 Is Employed, Already Paid ₹32 Lakhs By Husband': Calcutta High Court Sets Aside Wife's Interim Maintenance
2 months ago

'Wife Is Employed, Already Paid ₹32 Lakhs By Husband': Calcutta High Court Sets Aside Wife's Interim Maintenance

Live Law  

The Calcutta High Court on Friday set aside an order for payment of interim maintenance amounting to Rs 80,000 per month, granted by the trial court in favour of a wife. Justice Suvra Ghosh noted the wife had already been paid Rs 32 lakhs by the husband, earlier, under a memorandum of understanding and that she was also employed herself.Thus, …

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

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

Hindustan Times  

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

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

Undue Sympathy For Husband In Granting Maintenance Neither In Interest Of Wife & Children Nor In Interest Of Justice: MP High Court
3 months, 1 week ago

Undue Sympathy For Husband In Granting Maintenance Neither In Interest Of Wife & Children Nor In Interest Of Justice: MP High Court

Live Law  

The Madhya Pradesh High Court has observed that while granting maintenance, undue sympathy with the husband for no good reason is neither in the interest of the wife and children who are living a deserted life nor in the interest of justice. A bench of Justice Gurpal Singh Ahluwalia observed thus while enhancing the interim maintenance amount granted by a …

During Divorce Proceedings, Wife Entitled To Enjoy Same Life Amenities She Was Enjoying In Matrimonial Home : Supreme Court
3 months, 3 weeks ago

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

Live Law  

While awarding Rs.1.75 Lakhs as monthly interim maintenance to a wife during the divorce proceedings, the Supreme Court observed that the wife is entitled to the same standard of living during the divorce proceedings as what she enjoyed during the marriage.“The appellant was accustomed to a certain standard of living in her matrimonial home and therefore, during the pendency of. …

Courts Should Not Adjudicate From 'Ivory Tower': Punjab & Haryana HC On Family Court's Denial Of Interim Maintenance To Wife
3 months, 3 weeks 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 …

Father Legally Bound To Maintain Daughters, Provide 'Excellent Education' Even If They Live With Mother After Divorce: Karnataka High Court
4 months ago

Father Legally Bound To Maintain Daughters, Provide 'Excellent Education' Even If They Live With Mother After Divorce: Karnataka High Court

Live Law  

While dismissing a man's plea challenging an order to maintain his daughters including a minor, the Karnataka High Court underscored that the father is "legally bound to maintain the daughters" and provide them with an "excellent education"even if they are living separately with his ex-wife. The trial court vide its order dated 07-03-2023, directed him to pay Rs.6,000 per month …

Muslim Law | Father-In-Law Is Not Compelled To Maintain Deceased Son's Widow: Madhya Pradesh High Court Reiterates
4 months, 1 week ago

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

Live Law  

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

Widowed Daughter-in-law Not Required to Live in Matrimonial Home for Maintenance: Allahabad HC
6 months, 1 week ago

Widowed Daughter-in-law Not Required to Live in Matrimonial Home for Maintenance: Allahabad HC

News 18  

In a significant ruling, the Allahabad High Court held that under the Hindu Adoptions and Maintenance Act, 1956, it is not mandatory for a widowed daughter-in-law to reside in her matrimonial home to claim maintenance from her father-in-law. “Merely because the lady may have made that choice may neither lead us to the conclusion that she had separated from her …

‘How will he live?': Judge on man paying ₹10,000 as childcare out of his ₹12,000 salary
6 months, 2 weeks ago

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

Hindustan Times  

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

‘Let her earn’: Karnataka judge on woman seeking ₹6 lakh monthly maintenance from ex-husband
6 months, 3 weeks 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 …

Judge raps woman seeking Rs 6 lakh monthly maintenance from husband: Let her earn
6 months, 3 weeks ago

Judge raps woman seeking Rs 6 lakh monthly maintenance from husband: Let her earn

India Today  

A Karnataka High Court judge has rebuked a woman who demanded more than Rs 6 lakh per month as maintenance from her husband. The woman, Radha Munukuntla, was seeking financial support under Section 24 of the Hindu Marriage Act, 1955, and had detailed her monthly expenses to justify her demand. During a hearing that was held on August 20, Munukuntla's …

Adult offspring entitled to interim maintenance till attaining financial stability, rules HC
7 months, 2 weeks ago

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

Hindustan Times  

New Delhi The HC upheld the ruling of a family court, allotting enhanced compensation to wife and child. While Section 26 of HMA enables the court to pass interim orders with respect to the custody, maintenance and education of minor children, consistently with their wishes, the court said that gainful employment in today’s competitive world may be feasible only after …

Major Child Entitled To Maintenance Under Hindu Marriage Act Till He Is Pursuing Education And Not Financially Independent: Delhi High Court
7 months, 2 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 …

'Permanent Alimony Is Awarded To Ensure Decent Living Standard For Wife' : Supreme Court Reiterates Factors To Be Considered
7 months, 3 weeks 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 …

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

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

General Tendency For Wife To Amplify Needs & For Husband To Conceal Actual Income; Quantum Of Maintenance Must Be Balanced By Court: Punjab & Haryana HC
10 months, 3 weeks 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 …

S.125 CrPC | Daughter-In-Law Cannot Seek Maintenance From Parents-In-Law: Karnataka High Court
1 year ago

S.125 CrPC | Daughter-In-Law Cannot Seek Maintenance From Parents-In-Law: Karnataka High Court

Live Law  

The Karnataka High Court has held that under Section 125 of the Criminal Procedure Code, a daughter-in-law cannot lay a claim for maintenance against her parents-in-law. The petitioners argued that the learned Magistrate lacked jurisdiction to try the petition filed by the respondents herein under Section 125 of Cr.P.C., and sought for allowing the revision petition. So also minor children …

Husband can't make ‘artificial’ cuts in salary for wife: Karnataka high court
1 year ago

Husband can't make ‘artificial’ cuts in salary for wife: Karnataka high court

Hindustan Times  

The Karnataka high court on Monday ruled that “artificial” and extra deductions from the husband's salary, such as house rent recovery, and provident fund contributions, cannot be made deductible from the maintenance granted to an ex-wife. Karnataka High Court Justice Hanchate Sanjeevkumar said provident fund contributions, house rent recovery, furniture recovery, etc. The single judge bench dismissed the petition filed …

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 …

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

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

New Indian Express  

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

Rs 60K maintenance for wife not high for rich hubby: Karnataka High Court
1 year, 1 month 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
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 …

Merely Because Wife Is Earning Isn't An Absolute Bar To Receiving Maintenance From Husband: Delhi High Court
1 year, 3 months ago

Merely Because Wife Is Earning Isn't An Absolute Bar To Receiving Maintenance From Husband: Delhi High Court

Live Law  

The Delhi High Court on Monday said that merely because the wife is earning does not automatically operate as an absolute bar for awarding maintenance by the husband.A division bench of Justice V Kameswar Rao and Justice Anoop Kumar Mendiratta also observed that the obligation of the husband to provide maintenance is on a higher pedestal than the wife, since …

Delhi HC rejects wife’s plea seeking enhanced alimony after separation
1 year, 4 months ago

Delhi HC rejects wife’s plea seeking enhanced alimony after separation

Hindustan Times  

Couples who tend to show affluence before marriage pretend to be paupers after separation, the Delhi high court said while rejecting a plea by the wife seeking enhanced alimony from her husband after they parted ways in 2020 within 10 months of marriage. The wife had approached the Delhi high court seeking an enhancement of monthly maintenance to Rs.2 lakh …

Maintenance Obligations Should Not Burden A Husband To The Point Of Marriage Becoming A Punishment: Jharkhand High Court
1 year, 4 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 …

No Compassionate Appointment To Married Daughter Residing With Husband: Karnataka High Court
1 year, 5 months ago

No Compassionate Appointment To Married Daughter Residing With Husband: Karnataka High Court

Live Law  

The Karnataka High Court has dismissed the appeal preferred by the married daughter of a deceased LIC employee seeking compassionate appointment. That is how our legislations too are structured e.g., Section 125 of the Code of Criminal Procedure, 1973, Sections 24 & 25 of the Hindu Marriage Act, 1955, Section 37 of the Divorce Act, 1869, Section 40 of the …

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

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

Live Law  

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

Divorced Daughter Not 'Dependant' U/S 21 Hindu Adoptions & Maintenance Act, Not Entitled To Maintenance From Late Father's Estate: Delhi High Court
1 year, 6 months ago

Divorced Daughter Not 'Dependant' U/S 21 Hindu Adoptions & Maintenance Act, Not Entitled To Maintenance From Late Father's Estate: Delhi High Court

Live Law  

The Delhi High Court has observed that a divorced daughter is not a “dependent” under the Hindu Adoptions and Maintenance Act, 1956, and that she is not entitled to claim maintenance from the estate of her deceased father.“An unmarried or widowed daughter is recognized to have a claim in the estate of the deceased, but a “divorced daughter” does not …

Mere 4K Interim Maintenance To Wife, Two Daughters Not Reasonable: Calcutta High Court
1 year, 6 months ago

Mere 4K Interim Maintenance To Wife, Two Daughters Not Reasonable: Calcutta High Court

Live Law  

The Calcutta High Court on Wednesday observed that an interim maintenance of Rs 4,000 per month, awarded by the magistrate in favour of a wife and her two daughters, would simply not be enough for their sustenance. A single-bench of Justice Shampa Paul was seized of a revision application against the order of a magistrate rejecting the wife/petitioners prayer for …

Highly Qualified And Earning Wife Not Disclosing Her True Income Won't Be Entitled To Maintenance From Husband: Delhi High Court
1 year, 6 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 …

Unmarried Daughter Not Entitled to Get Maintenance Under Domestic Violence Act: Karnataka HC
1 year, 6 months ago

Unmarried Daughter Not Entitled to Get Maintenance Under Domestic Violence Act: Karnataka HC

News 18  

The Karnataka High Court has explained that there is no provision under the Domestic Violence Act, 2005 to provide maintenance to daughters until they get married. A single judge bench of Justice Rajendra Badamikar said under the provisions of the Act the question of awarding maintenance to the daughters until their marriage does not arise at all though the financial …

Interim Maintenance | Minimum Amount Payable To Estranged Wife From Date Of Claim To Preserve Her Life & Liberty With Dignity: Allahabad HC
1 year, 6 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 …

Diabetes Is 'Manageable', Not Excuse To Avoid Payment Of Maintenance To Wife & Children: Karnataka High Court
1 year, 6 months ago

Diabetes Is 'Manageable', Not Excuse To Avoid Payment Of Maintenance To Wife & Children: Karnataka High Court

Live Law  

The Karnataka High Court has dismissed the petition filed by one Ananth Kumar KG questioning the order of family court directing him to pay Rs 10,000 as monthly maintenance to his estranged wife. A single judge bench of Justice Krishna S Dixit rejected the contention of the petitioner that he has been suffering from diabetes and related ailments, thus he …

Mumbai court orders husband to pay maintenance for wife's 3 pet dogs too
1 year, 8 months ago

Mumbai court orders husband to pay maintenance for wife's 3 pet dogs too

Op India  

On 11th July 2023, a metropolitan magistrate at Bandra, Mumbai, dismissed a husband’s plea to reduce the maintenance amount payable to his estranged wife. The court, while allowing the wife’s application for interim maintenance under the Protection of Women from Domestic Violence Act, emphasized the significance of her pet dogs in “fulfilling emotional deficits” that arise after the breakdown of …

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, 11 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 …

S.125 CrPC | Step Mother May Seek Maintenance From Step Children By Showing Evidence That Deceased Husband Had Properties: Karnataka High Court
2 years ago

S.125 CrPC | Step Mother May Seek Maintenance From Step Children By Showing Evidence That Deceased Husband Had Properties: Karnataka High Court

Live Law  

The Karnataka High Court has said that a stepmother, to claim maintenance amount from legal heirs of her deceased husband, has to prove before the family court by tendering evidence and submission of documents that her husband was having a lot of properties and they are having income and thus she is entitled for maintenance amount. The court said “The …

'Husband Not Incapacitated': Madras High Court Sets Aside Family Court Order Asking Wife To Pay Interim Maintenance
2 years ago

'Husband Not Incapacitated': Madras High Court Sets Aside Family Court Order Asking Wife To Pay Interim Maintenance

Live Law  

The Madras High Court has recently set aside an order of the Family Court directing the wife to pay twenty thousand rupees as interim maintenance to her husband during the pendency of their divorce petition. Justice R Subramanian and Justice K Govindarajan Thilakavadi noted that the Family Court judge had "magnified" a small procedure and had misplaced sympathy. The appellants …

[Domestic Violence Act] Court Can Order Husband To Pay Wife Monetary Expenses In Lieu Of Shared House: Karnataka High Court
2 years ago

[Domestic Violence Act] Court Can Order Husband To Pay Wife Monetary Expenses In Lieu Of Shared House: Karnataka High Court

Live Law  

The Karnataka High Court recently modified an order passed by the Trial court which directed a woman be paid Rs.6,000 as monthly maintenance and a room be given to her for living in the shared house of the estranged husband. A single judge bench of Justice V Srishananda allowed the memo filed by the estranged husband who undertook to pay …

No Law Prevents Wife Getting Maintenance Under One Provision Of Law To Seek Maintenance Under Another: MP High Court
2 years, 1 month 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 …

Unemployment No Excuse For Able-Bodied Man, Must Find Avocation To Maintain Wife & Children: Karnataka High Court
2 years, 1 month ago

Unemployment No Excuse For Able-Bodied Man, Must Find Avocation To Maintain Wife & Children: Karnataka High Court

Live Law  

The Karnataka High Court has made it clear that an able bodied man has to take care of his wife and child even, by finding an avocation, if he has none. A single judge bench of Justice M Nagaprasanna made this observation while rejecting a petition filed by a husband questioning the order of the family court granting his estranged …

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