Delhi High Court Upholds Order Of Interim Maintenance To Alleged Live-In Partner Of Married Man Under DV Act
3 years, 9 months ago

Delhi High Court Upholds Order Of Interim Maintenance To Alleged Live-In Partner Of Married Man Under DV Act

Live Law  

The Delhi High Court recently upheld the order of an Additional Session Judge directing a married man to pay ad-interim maintenance under the Protection of Women from Domestic Violence Act, 2005 to a woman claiming to be his live-in partner. Findings At the outset, the Court observed that in order to maintain a petitioner under the DV Act, the aggrieved person has to show that the aggrieved person and the respondent lived together in a shared household and this could be even from a relationship in the nature of marriage. After the respondent herein obtained divorce from her husband, another agreement-cum-marriage deed was entered into between the parties on 22.11.2014, wherein it is stated that the petitioner and the respondent are residing together for the last five years in a live-in relationship and are now getting married to each other according to Hindu rites and ceremonies and the marriage was solemnized in an Arya Samaj Mandir at Delhi. The High Court added that in case the Trial Court, after evidence is led, comes to a conclusion that the respondent herein was not entitled to the protection of the DV Act then adequate safeguards must be made to ensure that the respondent returns the amount received by her as interim maintenance back to the petitioner with interest.

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History of this topic

Delhi High Court rejects maintenance plea by highly educated woman with job experience, says laws do not promote idleness
Top News
1 week, 1 day ago

Delhi High Court rejects maintenance plea by highly educated woman with job experience, says laws do not promote idleness

Op India  

In a recent ruling, the Delhi High Court while rejecting a maintenance plea underscored a significant principle: a well-educated wife with suitable job experience should not avoid employment merely to claim maintenance from her husband. This observation arose during a case where the petitioner, an evidently qualified woman with a master’s degree from Australia and prior professional experience in Dubai, …

Delhi HC rejects maintenance plea, asks wife to ‘actively seek employment’
Trending News
1 week, 1 day ago

Delhi HC rejects maintenance plea, asks wife to ‘actively seek employment’

Hindustan Times  

The Delhi High Court, while rejecting a maintenance plea, recently underscored a significant principle: a well-educated wife with suitable job experience should not avoid employment merely to claim maintenance from her husband. Delhi HC rejected a maintenance plea from a well-educated wife This observation arose during a case where the petitioner, an evidently qualified woman with a master's degree from …

Well-educated wife should not remain idle solely to gain maintenance from her husband: Delhi High Court
Trending News
1 week, 1 day ago

Well-educated wife should not remain idle solely to gain maintenance from her husband: Delhi High Court

The Hindu  

The law relating to maintenance of wives, children and parents intends to provide protection to them and promote equality among the spouses and not “idleness”, the Delhi High Court has held. The High Court said qualified wives, having an earning capacity but desirous of remaining idle, should not set up a claim for interim maintenance. Refusing to grant any relief …

Maintenance law meant to promote equality among spouses, not idleness: Delhi HC
Top News
1 week, 1 day ago

Maintenance law meant to promote equality among spouses, not idleness: Delhi HC

Hindustan Times  

New Delhi, The law relating to maintenance of wives, children and parents intends to provide protection to them and promote equality among the spouses and not "idleness", the Delhi High Court has held. Maintenance law meant to promote equality among spouses, not idleness: Delhi HC The high court said qualified wives, having an earning capacity but desirous of remaining idle, …

Capable women with earning capacity shouldn't ask for interim alimony: High Court
1 week, 1 day ago

Capable women with earning capacity shouldn't ask for interim alimony: High Court

India Today  

The Delhi High Court has observed law doesn't promote idling and said qualified women with an earning capacity shouldn't claim interim maintenance from their husbands. The order, therefore, dismissed a woman's plea against a trial court order denying her interim maintenance from her estranged husband. The woman claimed the trial court erred in rejecting her plea for maintenance as she …

Able-Bodied Husband Having Govt Service Statutorily Required To Maintain Wife & Children: Orissa High Court
2 weeks, 1 day ago

Able-Bodied Husband Having Govt Service Statutorily Required To Maintain Wife & Children: Orissa High Court

Live Law  

The Orissa High Court has remarked that an able-bodied husband having government service is statutorily required to maintain his wife and children notwithstanding any marital or other dissention between them. While deciding the challenge to a maintenance order, the Single Bench of Justice Gourishankar Satapathy observed – “…fact remains that once a relationship of marriage is found to be admitted …

Section 25(2) Hindu Marriage Act | Court Can Grant Maintenance To Wife Exceeding The Amount Claimed By Her: Orissa High Court
3 weeks, 1 day 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 …

Woman's Plea For Right To Shared Household Maintainable Even In Absence Of Domestic Violence: Delhi High Court
1 month ago

Woman's Plea For Right To Shared Household Maintainable Even In Absence Of Domestic Violence: Delhi High Court

Live Law  

The Delhi High Court has observed that a woman's claim seeking right to shared household under Section 17 of the Protection of Women from Domestic Violence Act 2005 is valid even in the absence of domestic violence. Justice Neena Bansal Krishna thus ruled that an application/complaint under Section 12 of the Act before the Magistrate is maintainable even if there …

Amending Original Plea Before Family Court To Incorporate Reliefs Under Domestic Violence Act Will Not Change Its Nature And Character: Kerala HC
1 month, 1 week ago

Amending Original Plea Before Family Court To Incorporate Reliefs Under Domestic Violence Act Will Not Change Its Nature And Character: Kerala HC

Live Law  

The Kerala High Court ruled that amending an original petition filed before the Family Court incorporating reliefs under the Protection of Women from Domestic Violence Act, 2005 is permissible and that it will not change the nature and character of the original petition. Snehalatha allowed the petition for amendment filed under Order VI Rule 17 CPC to incorporate reliefs under …

BREAKING | Permanent Alimony & Interim Maintenance Can Be Granted Even When Marriage Is Void Under Hindu Marriage Act : Supreme Court
1 month, 2 weeks ago

BREAKING | Permanent Alimony & Interim Maintenance Can Be Granted Even When Marriage Is Void Under Hindu Marriage Act : Supreme Court

Live Law  

Answering a reference, the Supreme Court today ruled that permanent alimony and interim maintenance under the Hindu Marriage Act, 1955 can be granted even when the marriage has been declared void. "A spouse whose marriage has been declared void under Section 11 of the 1955 Act is entitled to seek permanent alimony or maintenance from the other spouse by invoking …

Women entitled to maintenance from second husband even if previous marriage legally subsisting: Supreme Court
1 month, 2 weeks ago

Women entitled to maintenance from second husband even if previous marriage legally subsisting: Supreme Court

The Hindu  

The Supreme Court of India has held that a woman would be entitled to claim maintenance under Section 125 of the Code of Criminal Procedure from her second husband even if her previous marriage was legally subsisting. Directing the second husband to pay maintenance to his estranged wife, the top court said, "In the opinion of this court, when the …

Delhi High Court clears public servant in negligence case, cites belated sanction
2 months ago

Delhi High Court clears public servant in negligence case, cites belated sanction

India Today  

Sanction has to be obtained by the prosecuting agency before a court takes cognisance and any subsequent sanction would be futile, the Delhi High Court held recently. Justice Neena Krishna Bansal passed the order in a case where a belated sanction was accorded for prosecution of public servants -- the petitioner, an MCD school principal, and a junior engineer contractor …

Supreme Court Order Expediting Divorce Proceedings Cannot Be Taken To Deprive Wife Of Her Right To Contest: Allahabad High Court
2 months, 1 week 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 …

Interim Maintenance Order Can Be Granted Merely On Satisfaction That Wife's Application Prima Facie Discloses Domestic Violence: Delhi High Court
2 months, 2 weeks ago

Interim Maintenance Order Can Be Granted Merely On Satisfaction That Wife's Application Prima Facie Discloses Domestic Violence: Delhi High Court

Live Law  

The Delhi High Court has recently observed that an order for interim maintenance can be granted merely upon the satisfaction of the Court that the application by the wife prima facie disclosed the commission of domestic violence. “While the veracity of the case of the wife would be tested during the course of trial, interim relief can be granted merely …

Living Together In Shared Household In A Relationship 'In Nature Of Marriage' Also Domestic Relationship Under DV Act: Delhi High Court
2 months, 2 weeks ago

Living Together In Shared Household In A Relationship 'In Nature Of Marriage' Also Domestic Relationship Under DV Act: Delhi High Court

Live Law  

The Delhi High Court has held that two persons who lived together in a shared household through a relationship in the “nature of marriage” would also be called to be in a domestic relationship under the Domestic Violence Act. “Even otherwise, in terms of Section 2 of the Act, the relationship of parties living together through a relationship in the …

Delhi HC: Wife can claim interim maintenance despite unenforced settlement
2 months, 3 weeks ago

Delhi HC: Wife can claim interim maintenance despite unenforced settlement

Hindustan Times  

The Delhi high court has held that a wife can claim interim maintenance under Section 24 of the Hindu Marriage Act even if she does not act upon a settlement with her husband that sought to finalise the maintenance terms. The family court had ruled that the wife was bound by the settlement terms finalised on December 1, 2012, despite …

Domestic Violence Act Can Be Invoked For Past Domestic Relationships As Well: Jammu & Kashmir High Court
3 months, 1 week ago

Domestic Violence Act Can Be Invoked For Past Domestic Relationships As Well: Jammu & Kashmir High Court

Live Law  

The Jammu & Kashmir High Court has held that the Protection of Women from Domestic Violence Act, 2005 can be invoked even in cases involving past domestic relationships where the parties have lived together in a shared household at any point in time. Justice Sanjay Dhar clarified that the definition of "domestic relationship" under Section 2 of the DV Act …

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

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

Hindustan Times  

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

Courts Should Not Adjudicate From 'Ivory Tower': Punjab & Haryana HC On Family Court's Denial Of Interim Maintenance To Wife
4 months, 1 week 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 …

High Court Rules on Adultery Allegations Against Wife in Maintenance Case
4 months, 3 weeks ago

High Court Rules on Adultery Allegations Against Wife in Maintenance Case

Live Law  

The Allahabad High Court has ruled that allegations of adultery against a wife must be decided before the application for maintenance under Section 125 CrPC. The court observed that the Trial Court had made no observation regarding the allegations of adultery on part of the wife, granting interim stay on the order of the Trial Court.

Past Cohabitation Sufficient To Establish Domestic Relationship Under Domestic Violence Act: J&K High Court
7 months, 3 weeks ago

Past Cohabitation Sufficient To Establish Domestic Relationship Under Domestic Violence Act: J&K High Court

Live Law  

The Jammu & Kashmir and Ladakh High Court has ruled that a domestic relationship under the Domestic Violence Act, can be established through past cohabitation, and current cohabitation is not a requirement for the same. So, merely because the petitioner and respondent No.1 are not presently living in a shared household, it cannot be stated that there is no domestic …

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 …

Maintenance Must Be Paid From Date Of Application In Domestic Violence Cases: Andhra Pradesh High Court Reiterates
8 months ago

Maintenance Must Be Paid From Date Of Application In Domestic Violence Cases: Andhra Pradesh High Court Reiterates

Live Law  

In a recent judgment, the High Court of Andhra Pradesh addressed the issue of interim maintenance in a domestic violence case, emphasizing the importance of granting maintenance from the date of application. Relying on the judgment of the Supreme Court's decision in Rajnesh v. Neha, which recommended granting maintenance from the date of application in all cases to ensure justice …

Allahabad High Court Weekly Round-Up: July 1 – July 7, 2024
8 months, 2 weeks ago

Allahabad High Court Weekly Round-Up: July 1 – July 7, 2024

Live Law  

NOMINAL INDEX State Of U.P. India's Majority Population Would Be In Minority One Day If Conversions In Religious Congregations Not Stopped: Allahabad HC Case title – Kailash vs state of UP 2024 LiveLaw 415 Case citation: 2024 LiveLaw 415 The Allahabad High Court observed that if the current trend of conversions during religious congregations is permitted to continue, the majority …

[Domestic Violence Act] Permissible Amendments, Additional Reliefs U/S 12 Can Be Sought By Fresh Application U/S 23: Allahabad High Court
8 months, 3 weeks ago

[Domestic Violence Act] Permissible Amendments, Additional Reliefs U/S 12 Can Be Sought By Fresh Application U/S 23: Allahabad High Court

Live Law  

The Allahabad High Court has held that amendments and additional reliefs permissible under Section 12 of the Protection of Women from Domestic Violence Act, 2005, would be maintainable in the form of a fresh application under Section 23 of the Protection of Women from Domestic Violence Act, 2005. Thus, she filed an application under Section 12 read with Section 23 …

Strict Proof Of Marriage Can't Be Condition Precedent For Claiming Maintenance: Punjab & Haryana High Court
11 months, 1 week ago

Strict Proof Of Marriage Can't Be Condition Precedent For Claiming Maintenance: Punjab & Haryana High Court

Live Law  

The Punjab & Haryana High Court has made it clear that a prolonged cohabitation as husband and wife would entitle partners to maintenance even if even if performance of essential ceremonies is not proved.The Court rejected the plea challenging the maintenance order on the ground that essential marriage ceremonies were not performed, wherein the parties were "cohabitating as husband and. …

Divorce by mutual consent: Wife who waives right to maintenance not entitled to it later, says HC
11 months, 3 weeks ago

Divorce by mutual consent: Wife who waives right to maintenance not entitled to it later, says HC

Hindustan Times  

PRAYAGRAJ: The Allahabad High Court has said that if a woman waives off her right to claim maintenance from her husband at the time of divorce by mutual consent, she cannot claim it later. The court said that in the instant case, the respondent-wife was not entitled to any interim maintenance as she had already waived off her right to …

Women Entitled to Maintenance: Madhya Pradesh High Court Rules on Breakup After Live-in Relationship
11 months, 3 weeks ago

Women Entitled to Maintenance: Madhya Pradesh High Court Rules on Breakup After Live-in Relationship

News 18  

In a ruling recognising the rights of women in a live-in relationship, the Madhya Pradesh High Court said a woman living with a man for a considerable period is entitled to maintenance upon separation, even if they are not legally married. According to an NDTV report, the Madhya Pradesh HC delivered the judgement while hearing a case of a petitioner …

Orders Passed By Tribunals Under Senior Citizens Act Also Amenable To Challenge Under Article 227: Delhi High Court
1 year ago

Orders Passed By Tribunals Under Senior Citizens Act Also Amenable To Challenge Under Article 227: Delhi High Court

Live Law  

The Delhi High Court has observed that the orders passed by the tribunals under the Maintenance and Welfare of Parents and Senior Citizens Act, 2007, are also separately amenable to challenge under Article 227 of the Constitution of India.A division bench comprising Acting Chief Justice Manmohan and Justice Manmeet Pritam Singh Arora relied upon various judgments on the issue and …

No appeal on interim maintenance orders: Madras HC
1 year ago

No appeal on interim maintenance orders: Madras HC

New Indian Express  

CHENNAI: A division bench of the Madras High Court has ruled that an appeal cannot be made against orders of interim maintenance given under section 24 of The Hindu Marriage Act or under section 10 of the Family Courts Act, but a revision of such order can be sought under Article 227 of the Constitution in the high court because …

Delhi High Court Rejects Husband's Plea For Divorce, Says Matrimonial Disputes Due To Mere Lack Of Adjustment Are Unfortunate
1 year ago

Delhi High Court Rejects Husband's Plea For Divorce, Says Matrimonial Disputes Due To Mere Lack Of Adjustment Are Unfortunate

Live Law  

The Delhi High Court has observed that unfortunate are the matrimonial disputes where the “fountain head of friction” inter se the spouses is mere lack of adjustment, understanding and the will to stay together. “These factors are the wheels of the chariot of a workable marriage and if either spouse becomes averse to move together and chooses to abandon the …

Interim Maintenance Order U/S 24 Hindu Marriage Act Not Interlocutory, Appealable U/S 19 Family Courts Act: Punjab & Haryana High Court
1 year, 1 month ago

Interim Maintenance Order U/S 24 Hindu Marriage Act Not Interlocutory, Appealable U/S 19 Family Courts Act: Punjab & Haryana High Court

Live Law  

The Punjab & Haryana High Court has made it clear that pendente lite maintenance passed by Family Court under Section 24 of Hindu Marriage Act, 1955 is amenable to an appeal before High Court under Section 19 of the Family Courts Act.For context as per Section 19 of the Family Court, an appeal shall lie from every judgment or order, …

Findings Of Cruelty Against Wife In Divorce Case No Basis To Deny Her Maintenance Under Domestic Violence Act: Delhi High Court
1 year, 2 months ago

Findings Of Cruelty Against Wife In Divorce Case No Basis To Deny Her Maintenance Under Domestic Violence Act: Delhi High Court

Live Law  

The Delhi High Court has ruled that the findings of cruelty against a wife in the divorce proceedings by itself cannot be a basis to deny her maintenance under the Domestic Violence Act, 2005. Justice Amit Bansal also observed that a revision petition would lie to the High Court against an order passed by the Sessions Court in appeal under …

DV Act | Unproven Allegations Of Illicit Relationship No Ground To Deny Interim Maintenance To Wife: Delhi High Court
1 year, 2 months ago

DV Act | Unproven Allegations Of Illicit Relationship No Ground To Deny Interim Maintenance To Wife: Delhi High Court

Live Law  

The Delhi High Court has recently observed that the wife cannot be denied the benefit of interim maintenance under the Domestic Violence Act, 2005, merely on the basis of allegations of illicit relationship which are yet to be proved during the course of trial.Justice Anoop Kumar Mendiratta dismissed a husband's plea against a trial court order directing him to pay …

Overlapping Jurisdiction To Grant Maintenance Under Different Legislations Leads To Conflicting Orders, 'Forum Shopping': Delhi High Court
1 year, 3 months ago

Overlapping Jurisdiction To Grant Maintenance Under Different Legislations Leads To Conflicting Orders, 'Forum Shopping': Delhi High Court

Live Law  

The Delhi High Court has recently said that there is an overlapping of jurisdiction to grant interim maintenance under various enactments which leads to conflicting judgments or orders at different stages between the parties.“Such conflicting Orders, in the similar facts and without any change in circumstances, under overlapping jurisdiction of different Acts, creates a sense of. The Delhi High Court …

Maintenance Under Domestic Violence Act Should Uplift Victims, Not Send Aggressors to Jail: Delhi HC
1 year, 3 months ago

Maintenance Under Domestic Violence Act Should Uplift Victims, Not Send Aggressors to Jail: Delhi HC

News 18  

In a recent ruling, the Delhi High Court stressed that the purpose of maintenance under the Protection of Women from the Domestic Violence Act is to uplift victims rather than imprison those failing to pay maintenance. The court made this observation while determining that individuals cannot be summoned under Section 31 of the DV Act for non-compliance with maintenance orders …

Person Can't Be Summoned For Non-Compliance Of Maintenance Order Under Section 31 Of Domestic Violence Act: Delhi High Court
1 year, 3 months ago

Person Can't Be Summoned For Non-Compliance Of Maintenance Order Under Section 31 Of Domestic Violence Act: Delhi High Court

Live Law  

The Delhi High Court has ruled that a person cannot be summoned under Section 31 of the Protection of Women from Domestic Violence Act, 2005, for non-compliance of an order for payment of maintenance. Justice Swarana Kanta Sharma observed that the focus of the enactment is on providing immediate and effective relief to victims of domestic violence by way of …

Rejection Of Wife's Maintenance Claim U/S 125 CrPC Doesn't Bar Her From Seeking Maintenance Under Domestic Violence Act: MP High Court
1 year, 4 months ago

Rejection Of Wife's Maintenance Claim U/S 125 CrPC Doesn't Bar Her From Seeking Maintenance Under Domestic Violence Act: MP High Court

Live Law  

Madhya Pradesh High Court has recently laid down in unequivocal terms that the findings of a family court made in a maintenance application under Section 125 CrPC would have no binding effect on a court considering a case under the Prevention of Women From Domestic Violence Act, 2005. In Gyan Singh, the findings given in a proceeding under the Domestic …

Hindu Marriage Act Bars Second Marriage When Spouse Living, Consent Of Parties Can’t Confer Validity: Delhi High Court
1 year, 5 months ago

Hindu Marriage Act Bars Second Marriage When Spouse Living, Consent Of Parties Can’t Confer Validity: Delhi High Court

Live Law  

The Delhi High Court has ruled that once there is a legal bar on the performance of second marriage when either spouse of the parties are living, the consent of such parties cannot confer validity to the second marriage. Noting that both the parties should not have a living spouse according to Section 5 of the Hindu Marriage Act, 1955, …

Family Courts Not Empowered To Grant Divorce On 'Irretrievable Breakdown Of Marriage', Must Restrict To Statutory Provisions: Delhi High Court
1 year, 6 months ago

Family Courts Not Empowered To Grant Divorce On 'Irretrievable Breakdown Of Marriage', Must Restrict To Statutory Provisions: Delhi High Court

Live Law  

The Delhi High Court has ruled that irretrievable breakdown of marriage is not a ground for seeking divorce and that Family Courts must strictly restrict their considerations to the statutory provisions like those under the Hindu Marriage Act, 1955. Irretrievable breakdown of marriage is not a ground in the Act.” The court made the observations while setting aside a family …

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 …

While Ascertaining Acts Of Mental Cruelty, Courts Must Look At Married Life As A Whole And Not Few Isolated Incidents: Delhi High Court
1 year, 6 months ago

While Ascertaining Acts Of Mental Cruelty, Courts Must Look At Married Life As A Whole And Not Few Isolated Incidents: Delhi High Court

Live Law  

The Delhi High Court has observed that while looking at acts of 'mental cruelty', the courts must look at the married life of a couple as a whole and not merely a few isolated incidents.A division bench of Justice Suresh Kumar Kait and Justice Neena Bansal Krishna also observed that mere filing of an FIR by wife is not sufficient …

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 …

Wife's Insistence To Live Separately From Husband's Family Without Reason Constitutes 'Cruelty': Delhi High Court
1 year, 7 months ago

Wife's Insistence To Live Separately From Husband's Family Without Reason Constitutes 'Cruelty': Delhi High Court

Live Law  

The Delhi High Court has held that wife's insistence to live separately from other family members of the husband without any justifiable reason can be termed as an act of 'cruelty'.A division bench of Justice Suresh Kumar Kait and Justice Neena Bansal Krishna added that such acrimonious atmosphere at home cannot be a conducive environment for a married couple to …

Decide Interim Maintenance/ Custody Applications In 90 Days: Delhi HC Issues Directions To Family Courts For Speedy Disposal Of Matrimonial Cases
1 year, 7 months ago

Decide Interim Maintenance/ Custody Applications In 90 Days: Delhi HC Issues Directions To Family Courts For Speedy Disposal Of Matrimonial Cases

Live Law  

The Delhi High Court has issued a slew of directions to the family courts in the national capital for speedy disposal of cases relating to marriage and family affairs within a time frame, in the absence of any specific Rules regarding the same. A division bench of Justice Suresh Kumar Kait and Justice Neena Bansal Krishna directed that when 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 …

Muslim Woman Entitled to Maintenance under Domestic Violence Act Even after Divorce: Bombay High Court
1 year, 9 months ago

Muslim Woman Entitled to Maintenance under Domestic Violence Act Even after Divorce: Bombay High Court

News 18  

The Bombay High Court last week held that even after divorce, a Muslim woman can seek maintenance and protection under the Protection of Women from Domestic Violence Act, 2005. The court was hearing a criminal revision application filed by the husband against the order dated November 17, 2021, passed by Sessions Judge Akola, dismissing the appeal filed by him and …

Classic Case of Litigants Overreaching Law: Bombay HC Denies Relief to Woman Who Remarried During Appeal
1 year, 11 months ago

Classic Case of Litigants Overreaching Law: Bombay HC Denies Relief to Woman Who Remarried During Appeal

News 18  

A division bench of the Bombay High Court comprising Justice RD Dhanuka and Justice MM Sathaye has recently refused to grant any relief to a divorced woman who remarried a German national during the appeal period while observing that it was a “classic case of litigants trying to overreach the law”. The high court was hearing an application filed by …

Appeal U/S 29 Domestic Violence Act Maintainable Against Magistrate's Interim Order; Appellate Court May Grant Interim Relief: Punjab & Haryana HC
2 years ago

Appeal U/S 29 Domestic Violence Act Maintainable Against Magistrate's Interim Order; Appellate Court May Grant Interim Relief: Punjab & Haryana HC

Live Law  

The Punjab & Haryana High Court held that an appeal under Section 29 of the Protection of Women from Domestic Violence Act, 2005 is maintainable against interim order passed by Magistrate under Section 23 of the DV Act and the appellate court has power to pass interim order under section 29 of the DV Act. The respondent-husband filed an appeal …

'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 …

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