Husband Bound To Maintain Wife Despite Lack Of Income, He Can Earn ₹350-400 Per Day As An Unskilled Worker: Allahabad HC
10 months, 3 weeks 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 LiveLaw 805 wherein it was held that a husband is required to earn money even by physical labour, if he is able-bodied, and could not avoid his obligation, except on the legally permissible grounds mentioned in the statute. It was his further case that while his suit under Section 9 of the Hindu Marriage Act for the restitution of conjugal rights was pending, his wife filed a Section 125 CrPC application seeking maintenance from him and the same was allowed by the family court without taking into account the fact that she had voluntarily left her in-laws' house without a valid reason and had been residing at her parental home since January 2016. “For the sake of argument, if the court presumed that revisionist has no income from his job or from rent of Maruti Van, even then revisionist is duty bound to provide maintenance to his wife, as is held Apex Court in the case of Anju Garg Vs. Deepak Kumar Garg 2022 and if he engaged himself in labour work also too then also he may earned as a un-skilled labour about Rs.350/- to Rs.400/- per day as a minimum wages,” the Court further remarked.

Court Maintenance Case His Wife Husband Wife Earn Revisionist Opposite Party  revisionist  evidence  income  wife  worker  despite  husband  family  maintenance  lack  vs  case  court  garg  maintain  unskilled  hc  earn

History of this topic

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

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

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

High Court Rules on Adultery Allegations Against Wife in Maintenance Case
1 month, 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.

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

Judge raps woman seeking Rs 6 lakh monthly maintenance from husband: Let her earn
4 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 …

Nullity Of Marriage Doesn't Bar Wife From Claiming Maintenance: Madras High Court
4 months ago

Nullity Of Marriage Doesn't Bar Wife From Claiming Maintenance: Madras High Court

Live Law  

While refusing to interfere with an order granting maintenance to the wife, the Madras High Court said that it was a settled position that even if a marriage was declared null by a competent court, it would not bar the wife from claiming maintenance. “Now even more or less well settled to the effect that nullity of marriage even if …

Giving divorced Muslim women their due
5 months, 1 week ago

Giving divorced Muslim women their due

New Indian Express  

In what was hailed as a verdict that enhanced Muslim women's empowerment, the Supreme Court cleared the judicial cobwebs on their right to maintenance, saying they have the choice to seek remedy from their spouses under both secular and personal laws. Section 125 of the Criminal Procedure Code that deals with maintenance of the wife, children and parents, is religion …

Divorced Muslim women can seek maintenance from husband, rules Supreme Court
5 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
6 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
6 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
8 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 …

'25% Of Monthly Pension As Maintenance To Wife Not Excessive': Allahabad HC Dismisses Husband's Revision Plea
8 months, 2 weeks ago

'25% Of Monthly Pension As Maintenance To Wife Not Excessive': Allahabad HC Dismisses Husband's Revision Plea

Live Law  

While treating the pension as the monthly income of the husband, the Allahabad High Court has held that awarding 25% of the monthly income of the husband as maintenance is not excessive. The Court relied on Kulbhushan Kumar Vs. Raj Kumari where the Supreme Court held that “25% of the husband's net salary would be just and proper to be …

Difficult To Assess Income Of Husband Working In Unorganized Sector, Courts Have To Do Small Guesswork In Maintenance Pleas: Gujarat HC
8 months, 3 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
9 months, 2 weeks 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
10 months 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
10 months, 3 weeks 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 …

DV Act | Unproven Allegations Of Illicit Relationship No Ground To Deny Interim Maintenance To Wife: Delhi High Court
11 months, 2 weeks 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 …

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, 1 month 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 …

Delhi HC rejects wife’s plea seeking enhanced alimony after separation
1 year, 1 month 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, 2 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 …

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, 3 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 …

Mere 4K Interim Maintenance To Wife, Two Daughters Not Reasonable: Calcutta High Court
1 year, 3 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, 3 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 …

Madras High Court takes up suo motu revision against discharge of two more T.N. Ministers from disproportionate assets case
1 year, 4 months ago

Madras High Court takes up suo motu revision against discharge of two more T.N. Ministers from disproportionate assets case

The Hindu  

Days after taking suo motu revision against Higher Education Minister K. Ponmudy’s acquittal from a disproportionate assets case, the Madras High Court has taken up suo motu revision against the discharge of Revenue Minister K.K.S.S.R. In the supplementary report, The IO claimed that the assets and pecuniary resources of the Minister and his wife at the beginning of the check …

'Wife' Entitled To Maintenance Under Section 125 CrPC Even If Marriage Was Not Legal: Madras High Court
1 year, 5 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 …

Second Plea U/S 125 CrPC For Maintenance Is Maintainable After Rejection Of First In Changed Circumstances; 'Res Judicata' Principle Not Applicable: Allahabad HC
1 year, 6 months ago

Second Plea U/S 125 CrPC For Maintenance Is Maintainable After Rejection Of First In Changed Circumstances; 'Res Judicata' Principle Not Applicable: Allahabad HC

Live Law  

The Allahabad High Court has observed that a second application seeking maintenance under Section 125 of CrPC can sustain, after the rejection of the first application, if there are changes in the circumstances, entitling a person to be a claimant under the said provision. The Court observed thus while upholding the January 2004 order of the court allowing the second …

Trial Court Not Barred From Granting Maintenance From Date Of Order If Reasons Exist For Doing So: Allahabad High Court
1 year, 7 months ago

Trial Court Not Barred From Granting Maintenance From Date Of Order If Reasons Exist For Doing So: Allahabad High Court

Live Law  

The Allahabad High Court has observed that the Apex Court's ruling in the case of Rajnesh v. Neha and another, 2 SCC 324 has not completely blocked the discretionary power of the trial court in granting maintenance from the date of order in the case there are circumstances and reasons for doing the same.For context, in Rajnesh v. Neha, the …

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, 8 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 …

Man Able To Repay Hefty Loan Amount Can't Deflect From Responsibility Towards Wife, Kids: Punjab & Haryana High Court
1 year, 9 months ago

Man Able To Repay Hefty Loan Amount Can't Deflect From Responsibility Towards Wife, Kids: Punjab & Haryana High Court

Live Law  

The Punjab and Haryana High Court has observed that a person who is able to pay a hefty loan amount can not deflect from his responsibility towards his legally wedded wife as well children.The observation was made by the bench of Justice Jagmohan Bansal while upholding a family court order directing one Sandeep Malik, a Lieutenant Colonel, working with the …

'Husband Not Incapacitated': Madras High Court Sets Aside Family Court Order Asking Wife To Pay Interim Maintenance
1 year, 9 months 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
1 year, 9 months 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 …

Unemployment No Excuse For Able-Bodied Man, Must Find Avocation To Maintain Wife & Children: Karnataka High Court
1 year, 10 months 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's Pension Blocked Due To Wife's Complaint: Calcutta HC Dismisses Wife's Plea For Enhanced Maintenance
1 year, 10 months ago

Husband's Pension Blocked Due To Wife's Complaint: Calcutta HC Dismisses Wife's Plea For Enhanced Maintenance

Live Law  

While dismissing a wife’s plea for enhanced maintenance under Section 125 of the Code of Criminal Procedure, the Calcutta High Court on Monday observed that the wife's plea praying for enhancement of maintenance after blocking a substantial source of the husband’s income amounts to an abuse of process of law. Justice Shampa Dutt underscored, “This is a case where a …

Wife Can File For Maintenance U/S 125 CrPC Even After Receiving Alimony If Unable To Maintain Herself Or Children: P&H HC
1 year, 11 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 …

Kerala High Court Deprecates 'Clever Attempts' Made By Qualified Persons To Establish Less Income In Maintenance Proceedings
2 years ago

Kerala High Court Deprecates 'Clever Attempts' Made By Qualified Persons To Establish Less Income In Maintenance Proceedings

Live Law  

The Kerala High Court on Monday deprecated attempts made by qualified persons to establish less income by producing salary certificates issued from private entrepreneurs, without opportunity to the other side to cross-examine the author of the document, in order to avoid paying maintenance to wife and children. "Clever attempts of qualified persons to establish less income by producing salary certificates …

Interim Maintenance Can Be Determined On The Basis Of Husband's Undisputed Valuation Shown By Wife: Gujarat High Court
2 years ago

Interim Maintenance Can Be Determined On The Basis Of Husband's Undisputed Valuation Shown By Wife: Gujarat High Court

Live Law  

The Gujarat High Court has observed that the valuation of the husband's economic condition put forth by the wife, if not disputed by the husband, can be taken as a base to determine interim maintenance to the wife. The case in brief The Court observed thus while dealing with a Revision Application filed by one Jayantibhai challenging the order of …

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, 1 month 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 …

Deserted Wife Entitled To Interim Maintenance Even If Divorce Petition Is Withdrawn: Karnataka High Court
2 years, 1 month ago

Deserted Wife Entitled To Interim Maintenance Even If Divorce Petition Is Withdrawn: Karnataka High Court

Live Law  

The Karnataka High Court has said that maintenance under Section 125 CrPC is a matter of right to a neglected wife, even in cases where she withdraws the petition seeking divorce. So long as the respondent remains a legally wedded wife of the petitioner and the fact that she has been deserted by the husband, interim maintenance is a matter …

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

Decree Of Permanent Alimony & Maintenance Can't Be Executed In Absence Of Husband's Assets: Punjab & Haryana High Court
2 years, 4 months ago

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

Live Law  

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

S.125 CrPC Meant For Immediate Support, Courts Cannot Be Hyper Technical In Their Approach: Bombay High Court
2 years, 5 months ago

S.125 CrPC Meant For Immediate Support, Courts Cannot Be Hyper Technical In Their Approach: Bombay High Court

Live Law  

The Aurangabad Bench of Bombay High Court while deciding a writ petition related to maintenance said that courts should not get too technical while deciding petitions under section 125 of the Cr.P.C. Justice Vibha Kankanwadi was dealing with a petition under Article 226 and 227 of the Constitution challenging order of the lower court dismissing the petitioner's maintenance application. The …

S.125 CrPC | Object Of Maintenance Is To Compel Man To Perform Moral Obligation Which He Owes To Society Regarding Wife & Children: Delhi High Court
2 years, 5 months ago

S.125 CrPC | Object Of Maintenance Is To Compel Man To Perform Moral Obligation Which He Owes To Society Regarding Wife & Children: Delhi High Court

Live Law  

The Delhi High Court has observed that the provision of Section 125 of Code of Criminal Procedure which provides for maintenance, is intended to fulfil a social purpose and that its object is to compel a man to perform the moral obligation which he owes to the society in respect of his wife and children.Justice Purushaindra Kumar Kaurav was dealing …

Denial Of Maintenance To Estranged Wife & Child Is Worst Offence From Humanitarian Perspective: Delhi High Court Imposes 20K Cost On Husband
2 years, 5 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 …

Woman Can't Be Compelled to Work Just Because She's Educated, Says Bombay HC on Maintenance Plea
2 years, 6 months ago

Woman Can't Be Compelled to Work Just Because She's Educated, Says Bombay HC on Maintenance Plea

News 18  

A woman cannot be compelled to work to eke out a living, merely because she is educated, the Bombay High Court observed, while hearing a man’s plea against a court order directing him to pay maintenance to his estranged wife. During the hearing on Friday, the court said that a woman had the “choice to either work or stay at …

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, 6 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 …

Can't Reject Plea U/S 125 CrPC On The Ground That Wife Has Sufficient Means As She Got Money After Selling Property: Allahabad HC
2 years, 7 months ago

Can't Reject Plea U/S 125 CrPC On The Ground That Wife Has Sufficient Means As She Got Money After Selling Property: Allahabad HC

Live Law  

The Allahabad High Court recently observed that a wife doesn't lose her opportunity for grant of maintenance under Section 125 CrPC on the ground that she has sufficient means to maintain herself and her children as she got money after selling the property.With this, the Bench of Justice Brij Raj Singh set aside the judgment and order passed by the …

Divorced Muslim Woman Entitled To Maintenance U/S 125 CrPC To Succor Her Needs: Allahabad High Court
2 years, 7 months ago

Divorced Muslim Woman Entitled To Maintenance U/S 125 CrPC To Succor Her Needs: Allahabad High Court

Live Law  

The Allahabad High Court today observed that a Muslim woman is entitled to claim maintenance from her husband under Section 125 Cr.P.C. 1 along with her daughter moved to the Court in revision seeking to quash the judgment and order passed by the Principal Judge/A.D.J., Family Court, Lucknow wherein Section 125 CrPC Application moved by the Revisionist no. On the …

Discover Related