Major Unmarried Daughter Not Suffering From Any Physical Or Mental Abnormality Not Entitled To Claim Maintenance From Father U/s 125 Of CrPC: SC [Read Judgment]
4 years, 6 months ago

Major Unmarried Daughter Not Suffering From Any Physical Or Mental Abnormality Not Entitled To Claim Maintenance From Father U/s 125 Of CrPC: SC [Read Judgment]

Live Law  

The Supreme Court has held that a daughter who attained majority and is still unmarried is not entitled to claim maintenance from her father in proceedings under Section 125 Cr.P.C. The bench headed by Justice Ashok Bhushan held that unmarried Hindu daughter can claim maintenance from her father till she is married relying on Section 20 of the Hindu Adoptions & Maintenance Act, 1956, provided she pleads and proves that she is unable to maintain herself, for enforcement of which right her application/suit has to be under Section 20 of Act. The issue considered by the Apex Court bench was whether a Hindu unmarried daughter is entitled to claim maintenance from her father under Section 125 Cr.P.C. filed by the daughter against her father, she is entitled to maintenance relying on the liability of the father to maintain her unmarried daughter as contained in Section 20 of the Act, 1956.

Court Maintenance Hindu Daughter Act Father Her Father Unmarried Major Magistrate Maintain Section 20 Section 125 Cr 1956 Unmarried Daughter Judgment Read Jagdish Jugtawat Father U Section 20 Of Act  judgment  read  suffering  daughter  mental  act  maintenance  sc  20  physical  unmarried  1956  hindu  crpc  father  maintain  major

History of this topic

Section 25(2) Hindu Marriage Act | Court Can Grant Maintenance To Wife Exceeding The Amount Claimed By Her: Orissa High Court
1 week, 6 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 …

Hindu Succession Act | Life Interest Given To Woman Will Not Transform Into Absolute Ownership As Per Section 14 : Supreme Court
3 months, 3 weeks ago

Hindu Succession Act | Life Interest Given To Woman Will Not Transform Into Absolute Ownership As Per Section 14 : Supreme Court

Live Law  

The Supreme Court held that when a Hindu woman is given only a restricted estate in property, then she cannot claim to be the absolute owner of the property due to the application of Section 14 of the Hindu Succession Act 1956.Hence, such a property cannot be bequeathed through a Will.The property possessed by a Hindu woman will transform into …

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

Daughter Has No Inheritance Right In Father's Properties If He Died Before 1956, Leaving Behind Daughter & Her Mother: Bombay High Court
Trending News
4 months ago

Daughter Has No Inheritance Right In Father's Properties If He Died Before 1956, Leaving Behind Daughter & Her Mother: Bombay High Court

Live Law  

In a significant ruling, the Bombay High Court on Tuesday held that a daughter will not have any limited or absolute right of inheritance in the properties of her father, if he has died prior to the enforcement of the Hindu Succession Act, 1956. A division bench of Justices Atul Chandurkar and Jitendra Jain answered a reference - Whether a …

Daughters can’t inherit father’s property before 1956, HC clarifies
4 months, 1 week ago

Daughters can’t inherit father’s property before 1956, HC clarifies

Hindustan Times  

MUMBAI: In a landmark ruling, the Bombay High Court on Tuesday clarified the inheritance rights under Hindu law, concluding that daughters have no claim to their father’s property if he died before the Hindu Succession Act was enacted in 1956. Citing earlier judgments, her counsel argued that inheritance rights for daughters could be recognised even in cases predating the Hindu …

Hindu Succession Act | 2005 Amendment Giving Equal Rights To Daughter Resulted In Reducing Shares Of Mother & Widow : Madras High Court
4 months, 1 week ago

Hindu Succession Act | 2005 Amendment Giving Equal Rights To Daughter Resulted In Reducing Shares Of Mother & Widow : Madras High Court

Live Law  

While discussing the 2005 amendments to the Hindu Succession Act, Justice N Seshasayee of the Madras High Court observed that while the amendment ensured that daughter's got a share in the ancestral property, it also took away the quantum of property that would otherwise vest with the widow and the mother of a deceased. The court added that notional partition …

Widowed Daughter-in-law Not Required to Live in Matrimonial Home for Maintenance: Allahabad HC
6 months, 2 weeks ago

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

News 18  

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

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

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

Hindustan Times  

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

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

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

Live Law  

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

Law Does Not Entitle Male Child Who Has Attained Majority To Claim Maintenance From Father: Kerala High Court
7 months, 2 weeks ago

Law Does Not Entitle Male Child Who Has Attained Majority To Claim Maintenance From Father: Kerala High Court

Live Law  

The Kerala High Court held that a male child who has attained majority cannot claim maintenance from their father as per the provisions of the Protection of Women from Domestic Violence Act, Section 125 of CrPC and Section 20 of the Hindu Adoption and Maintenance Act. Therefore, the Court stated that a person who ceases to be a child upon …

Divorced Muslim women can seek maintenance from husband, rules Supreme Court
8 months, 1 week ago

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

Hindustan Times  

The Supreme Court on Wednesday ruled that a divorced Muslim woman is entitled to seek maintenance from her husband under Section 125 of the Criminal Procedure Code, adding that the Muslim Women Act, 1986, will not prevail over the secular law. A bench of Justices BV Nagarathna and Justice Augustine George Masih pronounced the judgments upholding a Muslim woman's right …

While Ordering Maintenance Under Domestic Violence Act, Magistrate Must Specify Whether It Is Being Provided Under CrPC Or HAMA: Kerala High Court
9 months ago

While Ordering Maintenance Under Domestic Violence Act, Magistrate Must Specify Whether It Is Being Provided Under CrPC Or HAMA: Kerala High Court

Live Law  

The Kerala High Court held that the Magistrate whilst ordering maintenance to the daughter under Section 20 of the Domestic Violence Act should specify if the maintenance order is made under Section 125 of CrPC or Section 20 of the Hindu Adoptions and Maintenance Act, 1956. The Court thus stated that the nature of the maintenance order would change depending …

Hindu Succession Act | Hindu Woman Can Claim Full Ownership Of Property Under S.14(1) Only If She Possesses It : Supreme Court
10 months ago

Hindu Succession Act | Hindu Woman Can Claim Full Ownership Of Property Under S.14(1) Only If She Possesses It : Supreme Court

Live Law  

The Supreme Court held that for a female Hindu to claim absolute ownership of an undivided property of a Hindu Undivided Family, she should have been in possession of the property.The bench comprising Justices BR Gavai and Sandeep Mehta, after referring to the statutory scheme and precedents, observed :“It is clear that for establishing full ownership on the undivided joint …

Strict Proof Of Marriage Can't Be Condition Precedent For Claiming Maintenance: Punjab & Haryana High Court
10 months, 3 weeks 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. …

Woman Can't Seek Maintenance From Second Husband U/S 125 CrPC If Her First Marriage Survives: Madhya Pradesh High Court
1 year ago

Woman Can't Seek Maintenance From Second Husband U/S 125 CrPC If Her First Marriage Survives: Madhya Pradesh High Court

Live Law  

Madhya Pradesh High Court has refused to interfere with a family court order that denied maintenance to a woman on account of the subsistence of her first marriage with another man. 1 could not get divorce from her earlier husband/Bhagwansingh and could not file any proof of getting divorce…”, the court clarified why maintenance cannot be granted in the case …

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

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

Live Law  

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

SC examines divorced Muslim women’s right to maintenance under Section 125 of the CrPC | Explained
1 year, 1 month ago

SC examines divorced Muslim women’s right to maintenance under Section 125 of the CrPC | Explained

The Hindu  

The Supreme Court has decided to examine if a divorced Muslim woman is entitled to a claim of maintenance under Section 125 of the Criminal Procedure Code against her former husband — reigniting the debate on whether secular laws should be given precedence over distinct personal laws. Ahmad Khan v. Shah Bano Begum which upheld a Muslim woman’s right to …

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 …

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

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

Live Law  

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

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

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

Live Law  

The Delhi High Court has said that a wife cannot be entitled to maintenance by the husband when she is highly qualified and has been earning even after her marriage, though she does not truthfully disclose her true income. While upholding a family court order dismissing a wife’s application for maintenance under Section 24 of Hindu Marriage Act, 1955, a …

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

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

News 18  

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

HAMA | Daughter Cannot Continue Mother's Maintenance Claim After Her Death: Bombay High Court
1 year, 7 months ago

HAMA | Daughter Cannot Continue Mother's Maintenance Claim After Her Death: Bombay High Court

Live Law  

The Bombay High Court recently held that daughter cannot continue her mother’s claim of maintenance from husband after her death, as the right to claim maintenance under the Hindu Adoption and Maintenance Act is an individual right against another person. “right to claim maintenance under the personal laws viz., Hindu Adoption and Maintenance Act, Muslim Law, Christen Law is in …

'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, 8 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 …

Mother Entitled To Arrears Of Maintenance Accrued To Deceased Daughter: Madras High Court
1 year, 10 months ago

Mother Entitled To Arrears Of Maintenance Accrued To Deceased Daughter: Madras High Court

Live Law  

The Madras High Court recently held that a mother is entitled to claim the arrears of maintenance that accrued to her deceased daughter before her death. The court noted that arrears of maintenance was the property of the deceased daughter and after her death, her mother, being a legal guardian, is entitled to this property. Justice V Sivagnanam thus dismissed …

Unmarried Daughter Has Right to Reasonable Marriage Expenses from Father Irrespective of Religion: Kerala HC
1 year, 11 months ago

Unmarried Daughter Has Right to Reasonable Marriage Expenses from Father Irrespective of Religion: Kerala HC

News 18  

The Kerala High Court recently ruled an unmarried daughter had the right to receive reasonable expenses from her father for her marriage, irrespective of her religion. The court was dealing with pleas moved by two Christian sisters, who sought realisation of Rs 45,92,600 from their father towards their marriage expenses. Also, in 2011, a division bench of the high court, …

Widow Not Liable To Maintain In-Laws Under Section 125 CrPC: Bombay High Court
1 year, 11 months ago

Widow Not Liable To Maintain In-Laws Under Section 125 CrPC: Bombay High Court

Live Law  

The Bombay High Court recently held that parents-in-law are not entitled to maintenance from their widowed daughter-in-law under section 125 of CrPC. The court noted that father-in-law and mother-in-law are not mentioned in section 125 CrPC. The court did not consider this submission for proceedings under section 125 of CrPC as the categories of person entitled to claim maintenance are …

[S.24 Hindu Marriage Act] Able-Bodied Husband Cannot Seek Maintenance From Wife As It Would Prompt Idleness: Karnataka High Court
2 years, 1 month ago

[S.24 Hindu Marriage Act] Able-Bodied Husband Cannot Seek Maintenance From Wife As It Would Prompt Idleness: Karnataka High Court

Live Law  

The Karnataka High Court has said that if a wife is directed to pay maintenance to an able bodied husband who does not suffer from any disability or infirmity, it would be promoting idleness. A single judge bench of Justice M Nagaprasanna made it clear that “Merely because Section 24 of Act is gender neutral for grant of maintenance, it …

Supreme Court Annual Digest 2022- Hindu Law
2 years, 2 months ago

Supreme Court Annual Digest 2022- Hindu Law

Live Law  

Family Courts Act, 1984 Family Courts Act, 1984 - The Family Courts Act is not a standalone Act. Akella Lalita v. Sri Konda Hanumantha Rao, 2022 LiveLaw 638 : AIR 2022 SC 3544 Hindu Adoption and Maintenance Act, 1956; Section 9 - Natural Guardian - Mother has an equal position as the father. Arunachala Gounder v. Ponnusamy, 2022 LiveLaw 71 …

Section 125 CrPC | Maintenance Must Be Granted From Date Of Filing Of Petition: Kerala High Court
2 years, 2 months ago

Section 125 CrPC | Maintenance Must Be Granted From Date Of Filing Of Petition: Kerala High Court

Live Law  

The Kerala High Court recently held that a petitioner under Section 125 CrPC must be granted maintenance from the date of filing of petition and not just date of passing of order.Expressing shock at a Family Court's decision of granting maintenance from the date of order and not from the date of filing of petition, Justice A. Badharudeen said any …

Wife Entitled To Maintenance Under Two Separate Enactments, Quantum May Be Adjusted Accordingly: Karnataka High Court
2 years, 3 months ago

Wife Entitled To Maintenance Under Two Separate Enactments, Quantum May Be Adjusted Accordingly: Karnataka High Court

Live Law  

The Karnataka High Court has said that a wife can claim maintenance under two different enactments, particularly after having been granted maintenance under a particular statute. A single judge bench of Justice M Nagaprasanna rejected a petition filed by the husband challenging an order passed by the Family Court granting interim maintenance of Rs.30,000 to his wife under Section 24 …

Divorced Muslim Woman Entitled To Maintenance U/S 125 CrPC To Succor Her Needs: Allahabad High Court
2 years, 10 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 …

Daughter In Law Can Claim Maintenance From Her Father In Law If She Inherited Some Estate From Her Husband: Delhi High Court
2 years, 10 months ago

Daughter In Law Can Claim Maintenance From Her Father In Law If She Inherited Some Estate From Her Husband: Delhi High Court

Live Law  

The Delhi High Court has observed that the daughter-in-law can claim maintenance from her father-in-law provided she has inherited some estate of her husband. 19 of the Family Court Act, 1984 against the order dated 3rd May, 2019 deferring their claim for interim maintenance in a petition under sec. The Family Court in the impugned order, observed that the appellant …

Wife Can't Be Denied Maintenance On Grounds That She Is Well-Educated: Punjab And Haryana High Court
2 years, 10 months ago

Wife Can't Be Denied Maintenance On Grounds That She Is Well-Educated: Punjab And Haryana High Court

Live Law  

The Punjab and Haryana High Court has observed that a wife cannot be denied maintenance on the grounds of being well-educated and that a husband is legally and morally responsible to look after his wife and childrenThe Bench of Justice Rajesh Bhardwaj observed thus in a petition filed by a husband challenging an order of the Principal Judge, directing him …

Father Can't Abdicate His Responsibility Of Looking After Unmarried Daughters, Obligated To Take Care Of Their Education & Marriage Expenses: Delhi HC
3 years, 2 months ago

Father Can't Abdicate His Responsibility Of Looking After Unmarried Daughters, Obligated To Take Care Of Their Education & Marriage Expenses: Delhi HC

Live Law  

The Delhi High Court has observed that a father cannot abdicate his responsibility of looking after his unmarried daughters and that he has a duty and obligation to maintain them, including taking care of their expenses towards education and marriage.A Bench of Justices Vipin Sanghi and Jasmeet Singh added that 'Kanya Daan' is a solemn and pious obligation of a …

Obligation To Maintain Child Is Paramount Wish Of Father; Cannot Be Permitted To Limit It On Flimsy, Baseless Grounds: Delhi Court
3 years, 4 months ago

Obligation To Maintain Child Is Paramount Wish Of Father; Cannot Be Permitted To Limit It On Flimsy, Baseless Grounds: Delhi Court

Live Law  

A Delhi Court has recently observed that the statutory obligation to maintain a child is the paramount wish of a father and he cannot be permitted to limit the same on flimsy or baseless Grounds. Special Judge Deepak Wason also observed that while it is the statutory duty of the husband to maintain his wife and minor child, he cannot …

S.125 CrPC- Father Not Absolved From Maintaining Children Merely Because Mother Is Also Earning: Delhi High Court
3 years, 5 months ago

S.125 CrPC- Father Not Absolved From Maintaining Children Merely Because Mother Is Also Earning: Delhi High Court

Live Law  

The Delhi High Court has observed that in households where women are working and are able to sufficiently maintain themselves, it does not automatically absolve the husband of his responsibility to provide sustenance for his children.The observation was made in connection to revision of maintenance order passed by the High Court under Section 125 of CrPC.Justice Subramonium Prasad observed that. …

Wife's Silence Cannot Give Rise To An Inference That She Had Consented For Purpose Of Adoption U/S 7 Of Hindu Adoption & Maintenance Act: Allahabad High Court
4 years ago

Wife's Silence Cannot Give Rise To An Inference That She Had Consented For Purpose Of Adoption U/S 7 Of Hindu Adoption & Maintenance Act: Allahabad High Court

Live Law  

The Allahabad High Court has held that a wife's silence or lack of protest at the time of adoption by her husband cannot give rise to an inference that she has consented to such adoption under Section 7 of the Hindu Adoption & Maintenance Act, 1956. The concerned authority had rejected the adoption deed relied by the Appellant on the …

Heirs of Woman's Father Can Inherit Property Under Hindu Succession Act: SC
4 years ago

Heirs of Woman's Father Can Inherit Property Under Hindu Succession Act: SC

News 18  

The Supreme Court has said heirs of the father of a woman can inherit property under the Hindu Succession Act and they cannot be held as "strangers". A bench of Justices Ashok Bhushan and R Subhash Reddy referred to Section 15 of the Hindu Succession Act and said the heirs of the parental side of a Hindu woman are covered …

Plea In SC Seeks Religion-Neutral, Gender-Neutral Grounds Of Maintenance, Alimony
4 years, 5 months ago

Plea In SC Seeks Religion-Neutral, Gender-Neutral Grounds Of Maintenance, Alimony

Live Law  

The Supreme Court has been moved in a PIL seeking a direction to the Centre to take steps to remove the prevailing anomalies in the grounds of maintenance and alimony and to make them uniform for all citizens without discrimination on the basis of religion, race, cast, sex or place of birth in spirit of the Articles 14, 15, 21, …

After Husband's Death, Wife Has Every Right To Claim Maintenance From The Estate Inherited By Father-In-Law: Bombay HC [Read Judgment]
4 years, 6 months ago

After Husband's Death, Wife Has Every Right To Claim Maintenance From The Estate Inherited By Father-In-Law: Bombay HC [Read Judgment]

Live Law  

The Bombay High Court has observed that after husband's death, a woman has every right to claim maintenance from the estate inherited by her father-in-law.High Court has dismissed a writ petition filed by a man who challenged an order passed by Family Court, Bandra granting interim maintenance to his widowed daughter-in-law and grandson.Justice Nitin W Sambre observed that as per …

‘Daughter for a lifetime’: SC backs women’s share in parental property
4 years, 7 months ago

‘Daughter for a lifetime’: SC backs women’s share in parental property

Hindustan Times  

The Supreme Court on Tuesday held that daughters will have coparcenary rights on father’s property even if he died before the Hindu Succession Act 2005 came into force. Supreme Court of India The bench headed by Justice Arun Mishra was answering a reference based on conflicting decisions given by past verdicts of the top court. In 2016, the Supreme Court …

A Woman Who Lived Like A Wife Cannot Be Deprived Of Maintenance: Tripura HC [Read Judgment]
4 years, 8 months ago

A Woman Who Lived Like A Wife Cannot Be Deprived Of Maintenance: Tripura HC [Read Judgment]

Live Law  

A woman who lived like a wife and in the perception she was treated as the wife cannot be deprived of the maintenance, the Tripura High Court has held.Justice S. Talapatra observed that such a woman also has right to live in society with dignity and Section 125 of the Code of Criminal Procedure must be interpreted in the light …

Wife Not Entitled To Maintenance If Allegation Of Adultery Is Proved Against Her: Bombay HC [Read Order]
5 years, 2 months ago

Wife Not Entitled To Maintenance If Allegation Of Adultery Is Proved Against Her: Bombay HC [Read Order]

Live Law  

The Bombay High Court has held that if allegations of adultery are proved against the wife in a marriage, she is not entitled to maintenance Justice NW Sambre was hearing two criminal writ petitions filed by one Sanjivani Kondalkar who challenged a judgment of the Additional Sessions Judge, Sangli allowing a revision application filed by the petitioner's husband seeking cancellation …

SC To Examine If A Husband Who Obtained Decree Of Restitution Of Conjugal Rights Liable To Maintain Wife? [Read Order]
5 years, 5 months ago

SC To Examine If A Husband Who Obtained Decree Of Restitution Of Conjugal Rights Liable To Maintain Wife? [Read Order]

Live Law  

The Supreme Court will examine the issue whether a husband who has obtained a decree of restitution of conjugal rights is still liable to maintain his wife who filed a petition seeking maintenance under Section 125 of the Code of Criminal Procedure. There are conflicting rulings by High Courts on the issue of maintainability of Section 125 CrPC petition when …

Mother Can't Give Up Maintenance Rights Of Daughter During Mutual Consent Divorce: SC [Read Order]
5 years, 10 months ago

Mother Can't Give Up Maintenance Rights Of Daughter During Mutual Consent Divorce: SC [Read Order]

Live Law  

The Supreme Court has observed that a mother cannot give up the rights which vest in the daughter insofar as maintenance and other issues are concerned, during divorce by mutual consent. While considering an appeal, the bench comprising Justice Uday Umesh Lalit and Justice Indu Malhotra noticed one of the terms agreed between the parties which read thus: The applicant …

Strict Proof Of Marriage Not Needed For ‘Maintenance’ Proceedings Under Sec. 125 CrPC, Reiterates SC [Read Judgment]
6 years, 4 months ago

Strict Proof Of Marriage Not Needed For ‘Maintenance’ Proceedings Under Sec. 125 CrPC, Reiterates SC [Read Judgment]

Live Law  

‘The High Court did not keep in view that in the proceedings under Section 125 CrPC, strict proof of marriage is not necessary.’The Supreme Court, while setting aside a Karnataka High Court order that had dismissed a maintenance petition for want of proof of marriage, has reiterated that in the proceedings under Section 125 of the Code of Criminal Procedure, …

Strict Proof Of Marriage Not Needed For ‘Maintenance’ Proceedings Under Sec. 125 CrPC, Reiterates SC [Read Judgment]
6 years, 4 months ago

Strict Proof Of Marriage Not Needed For ‘Maintenance’ Proceedings Under Sec. 125 CrPC, Reiterates SC [Read Judgment]

Live Law  

‘The High Court did not keep in view that in the proceedings under Section 125 CrPC, strict proof of marriage is not necessary.’The Supreme Court, while setting aside a Karnataka High Court order that had dismissed a maintenance petition for want of proof of marriage, has reiterated that in the proceedings under Section 125 of the Code of Criminal Procedure, …

Unmarried Adult Daughter Entitled To Claim Maintenance From Her Father, Rules Bombay HC [Read Judgment]
6 years, 11 months ago

Unmarried Adult Daughter Entitled To Claim Maintenance From Her Father, Rules Bombay HC [Read Judgment]

Live Law  

The Bombay High Court, in Agnes Lily Irudaya v Irudaya Kani Arsan, has held that the unmarried daughter though the attained majority is entitled to claim maintenance from the father.In this case, the mother had approached the family court claiming maintenance from her husband for daughter who had turned major but IS unmarried, for meeting her educational expenses. The Bombay …

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