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 pay is not acceptable,” Justice M L Tahaliyani of the Nagpur bench of the high court said. The family judge, in September 2012, partly allowed Sashi’s application and directed her husband Mahesh to pay maintenance of Rs 1500 per month. The respondent must bear in mind that he has to maintain his wife and child.” The court directed the husband to pay Rs 1500 per month to wife and an additional Rs 1000 every month to the child.

High Court Child His Wife Husband Pay Rs Sashi Rs Wife  hc  respondent  maintenance  unemployed  husband  maintain  child  high  court  pay  rs  wife

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 …

Well-Qualified Husband Quitting Job To Avoid Paying Maintenance To Wife Can't Be Appreciated In Civilized Society: Orissa HC
1 week, 3 days 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
2 weeks, 2 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, 1 week 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, 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 can claim maintenance despite not living with husband: Supreme Court
2 months, 1 week 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, 1 week 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, 1 week 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, …

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 …

₹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, 1 week 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 …

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 …

Undue Sympathy For Husband In Granting Maintenance Neither In Interest Of Wife & Children Nor In Interest Of Justice: MP High Court
3 months, 2 weeks 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
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. …

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 …

Father Legally Bound To Maintain Daughters, Provide 'Excellent Education' Even If They Live With Mother After Divorce: Karnataka High Court
4 months, 1 week 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, 2 weeks 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 …

‘How will he live?': Judge on man paying ₹10,000 as childcare out of his ₹12,000 salary
6 months, 3 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
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 …

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

Difficult To Enforce Unrealistically High Maintenance Amount To Be Paid By Spouse Employed In Unorganized Sector: Jharkhand High Court
7 months, 2 weeks ago

Difficult To Enforce Unrealistically High Maintenance Amount To Be Paid By Spouse Employed In Unorganized Sector: Jharkhand High Court

Live Law  

The Jharkhand High Court has held that awarding unrealistically high maintenance in cases involving individuals employed in the unorganised sector can lead to difficulties in realising the maintenance amount. In cases, where unrealistic high maintenance is awarded in cases of persons employed in unorganized sector, the realization of maintenance amount itself becomes a problem,” Justice Choudhary added. The counsel on …

Adult offspring entitled to interim maintenance till attaining financial stability, rules HC
7 months, 3 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, 3 weeks ago

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

Live Law  

The Delhi High Court has ruled that a child is entitled to maintenance under Section 26 of the Hindu Marriage Act, 1955, till the time he is pursuing his education and does not become financially independent.“In our considered view, a child who is pursuing his education would be entitled to maintenance under Section 26 of the HMA even after he …

'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 …

Punjab & Haryana HC Rejects Estranged Wife's Plea For Enhanced Maintenance, Says Not Far Fetched To Assume Adult Sons Will Support Her
9 months, 1 week ago

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

Live Law  

The Punjab and Haryana High Court has dismissed the plea for enhancement of Rs.7,500 monthly maintenance amount granted to a woman by the trial court, who has been living separately from her husband.Justice Nidhi Gupta noted, "it has.been admitted by learned counsel for the petitioner that the two sons of the parties had attained majority and are currently living with …

Husband Who Has Deserted Wife And Child Is Bound To Pay Maintenance Irrespective Of Financial Status: Karnataka High Court
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
11 months ago

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

Live Law  

The Punjab & Haryana High Court has made it clear that the quantum of maintenance granted to the wife under Section 125 CrPC must be justifiable and realistic to avoid hardships to either of the spouses.Justice Harpreet Singh Brar said, "there is a general tendency on the part of the wife to amplify her needs and the husband to conceal …

Difficult To Assess Income Of Husband Working In Unorganized Sector, Courts Have To Do Small Guesswork In Maintenance Pleas: Gujarat HC
11 months, 2 weeks ago

Difficult To Assess Income Of Husband Working In Unorganized Sector, Courts Have To Do Small Guesswork In Maintenance Pleas: Gujarat HC

Live Law  

Stressing that it is difficult to assess the income of the self-employed husband working in the unorganized sector, the Gujarat High Court has observed that in such scenarios, the Family Courts have to take small guesswork to determine the husband's income. In this regard, the Court also referred to the Supreme Court's ruling in the case of Kiran Tomar vs …

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 …

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, 5 months ago

Maintenance Obligations Should Not Burden A Husband To The Point Of Marriage Becoming A Punishment: Jharkhand High Court

Live Law  

While revising the maintenance amount awarded to a woman in a matrimonial dispute, the Jharkhand High Court has opined that while it is the husband's moral obligation to provide maintenance to his wife, ensuring she can maintain a lifestyle similar to that of their matrimonial home, this does not justify burdening the husband to the extent that the marriage becomes …

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

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 …

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 …

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 …

'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 …

'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 …

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 …

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 …

District Collector Can Take Disciplinary Action Against Subordinate Officer Over Failure To Maintain Child: Madras High Court
2 years, 2 months ago

District Collector Can Take Disciplinary Action Against Subordinate Officer Over Failure To Maintain Child: Madras High Court

Live Law  

While hearing a petition to transfer a matrimonial dispute from Pudukottai to Ponneri in Tamil Nadu, the Madras High Court noted that the father, who was working as a Village Administration Officer was not paying interim maintenance to his 10 year old daughter. While directing him to make such payment irrespective of visitation rights, Justice SM Subramaniam also directed the …

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 …

Parties' Standard Of Living 'Very High': Kerala HC Upholds ₹31.6 Lakh Compensation U/S 3 Muslim Women (Protection Of Rights On Divorce) Act
2 years, 4 months ago

Parties' Standard Of Living 'Very High': Kerala HC Upholds ₹31.6 Lakh Compensation U/S 3 Muslim Women (Protection Of Rights On Divorce) Act

Live Law  

The Kerala High Court on Friday upheld the Magistrate Court's order granting an amount of Rs. 31,68,000/- as maintenance to a divorced woman under Section 3 of the Muslim Women Act, 1986.Bench of Justice Kauser Edappagath observed that the parties hail from financially strong backgrounds and have a "very high" standard of living. The petitioner thus filed a petition before …

Man Obtains Ex-Parte Divorce Decree Fraudulently By 'Misleading' Wife: Uttarakhand High Court Asks Him To Pay ₹50K To Her
2 years, 5 months ago

Man Obtains Ex-Parte Divorce Decree Fraudulently By 'Misleading' Wife: Uttarakhand High Court Asks Him To Pay ₹50K To Her

Live Law  

The Uttarakhand High Court recently ordered a man to pay ₹50K to his pay after finding that he obtained an ex-parte divorce decree by misleading her. The Court further ordered him to deposit ₹50K with the State Legal Services Authority within four weeks.Essentially, the Husband, managed to get an 'ex-parte divorce decree' after. The case in brief The husband moved …

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 …

Denial Of Maintenance To Estranged Wife & Child Is Worst Offence From Humanitarian Perspective: Delhi High Court Imposes 20K Cost On Husband
2 years, 8 months ago

Denial Of Maintenance To Estranged Wife & Child Is Worst Offence From Humanitarian Perspective: Delhi High Court Imposes 20K Cost On Husband

Live Law  

"To deny maintenance to an estranged wife and child is the worst offence, even from a humanitarian perspective," the Delhi High Court has observed on Monday.Justice Asha Menon made the observation while dismissing with a cost of Rs. 20,000 a petition filed by a husband challenging Trial Court order directing him to pay a sum of Rs.20,000 as a consolidated …

Amount Spent By A Man To Support His Divorced Sister Must Be Kept In Mind While Granting Maintenance To His Wife: Delhi High Court
2 years, 9 months ago

Amount Spent By A Man To Support His Divorced Sister Must Be Kept In Mind While Granting Maintenance To His Wife: Delhi High Court

Live Law  

The Delhi High Court has observed that in India, a brother does not abandon his divorced sister and accordingly, the expenditure borne by him in supporting his sister must be taken into account while passing an order of maintenance in favour of his wife. The Delhi High Court has observed that in India, a brother does not abandon his divorced …

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