Karnataka High Court Issues Directions To Ensure Time Bound Disposal Of Maintenance Applications U/s 24 Hindu Marriage Act
2 years, 1 month ago

Karnataka High Court Issues Directions To Ensure Time Bound Disposal Of Maintenance Applications U/s 24 Hindu Marriage Act

Live Law  

The Karnataka High Court has issued directions to trial courts to follow a timeline, in deciding applications filed by estranged women seeking maintenance from their respective husbands under section 24 of the Hindu Marriage Act. The term “as far as possible” is being interpreted that the Court can pass orders even after six months in some cases, two years, three years or even four years after filing the application.” It added “This delay in considering those applications for maintenance would defeat the very soul of the provision which is to give succour to the wife who leaves or is made to leave the matrimonial house on myriad circumstances. Merely, because the provision directs disposal of the application, as far as possible within 60 days, it cannot be stretched to an extent by the Courts to an extent that the wife would not see the amount of maintenance for ages.” Further it said “The concerned Court is to adhere to a timeline for disposal of the applications seeking maintenance at the hands of the husband when sought by the wife, so that the right to claim maintenance is not rendered illusory.” Following which it issued the following timeline: a. The concerned Court shall grant two months to the husband to file his objections to the application filed by the wife seeking interim maintenance under section 24 of the Act.

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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
2 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 …

Imprisonment Of Husband Cannot Exceed One Month In Single Application Claiming Arrears Of Maintenance: Karnataka High Court
2 weeks, 2 days ago

Imprisonment Of Husband Cannot Exceed One Month In Single Application Claiming Arrears Of Maintenance: Karnataka High Court

Live Law  

The Karnataka High Court recently quashed a subsequent order passed by the trial court sentencing a husband to suffer two more months civil imprisonment after he had already spent one month, on account of non-payment of maintenance to the wife. Justice Hemant Chandangoudar allowed the petition filed by one Chandrashekhar who had challenged the order sentencing him to undergo imprisonment …

‘Wife’s love affair without physical relations is NOT adultery’, rules Madhya Pradesh High Court
1 month, 1 week ago

‘Wife’s love affair without physical relations is NOT adultery’, rules Madhya Pradesh High Court

Live Mint  

The Madhya Pradesh High Court has ruled that a wife's love affair with someone else is not sufficient to prove adultery and deny her maintenance. Even if a wife is having a love and affection towards somebody else without any physical relations, then that by itself cannot be sufficient to hold that the wife is living in adultery,” held Justice …

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

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

Live Law  

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

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

Hindu Marriage Act | No Bar On Joint Petition For Nullity Of Marriage And Divorce: Gujarat High Court
1 month, 1 week ago

Hindu Marriage Act | No Bar On Joint Petition For Nullity Of Marriage And Divorce: Gujarat High Court

Live Law  

The Gujarat High Court dismissed a wife's revision plea challenging a family court order which rejected her Order VII Rule 11 CPC application for rejection of her husband's 'composite suit' for nullity of marriage and divorce alleging cruelty, after noting that there is no prohibition on filing such a suit or joint petition. Therefore, there cannot be any bar in …

Women entitled to maintenance from second husband even if previous marriage legally subsisting: Supreme Court
1 month, 1 week 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 …

If no 'exceptional hardship', 2 Hindus can't dissolve marriage within a year: Court
1 month, 3 weeks ago

If no 'exceptional hardship', 2 Hindus can't dissolve marriage within a year: Court

India Today  

The Allahabad High Court has observed that marriage between two Hindus is sacrosanct, and it cannot be dissolved within one year of marriage unless there is exceptional hardship or exceptional depravity as provided under the Hindu Marriage Act. A double-judge bench comprising Justice Ashwani Kumar Mishra and Justice Donadi Ramesh noted that Section 14 provides for a one-year limitation from …

Limitation Period For Husband's Plea To Annul Child Marriage Starts From Age 18 Or 21? Supreme Court To Decide
2 months ago

Limitation Period For Husband's Plea To Annul Child Marriage Starts From Age 18 Or 21? Supreme Court To Decide

Live Law  

The Supreme Court today issued notice on a petition raising the issue as to whether the age of 'majority' - for males - when computing limitation period for filing a petition seeking annulment of marriage under the Prohibition of Child Marriage Act, should be 18 years or 21 years.A bench of Justices Pankaj Mithal and Ahsanuddin Amanullah passed the order, …

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

Wife can claim maintenance despite not living with husband: Supreme Court
2 months, 1 week ago

Wife can claim maintenance despite not living with husband: Supreme Court

India Today  

In a significant judgement, the Supreme Court has ruled that a woman can be given the right to maintenance from her husband even after she has not complied with the decree to cohabit with her spouse if she has valid and sufficient reason to refuse to live with him. A bench of Chief Justice Sanjiv Khanna and Justice Sanjay Kumar …

Delhi HC: Wife can claim interim maintenance despite unenforced settlement
2 months, 2 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 …

SC Criticizes Telugu States District Courts
3 months, 2 weeks ago

SC Criticizes Telugu States District Courts

Deccan Chronicle  

Hyderabad: The Supreme Court was shocked with the conduct of judicial and administration proceedings in the district judiciary of the Telugu states, where judicial officers issued orders on a Sunday in the face of an apex court stay. The apex court expressed apprehensions over the aptitude of the presiding officers of the district courts in the two states, who could …

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 …

High Court Rules on Adultery Allegations Against Wife in Maintenance Case
4 months, 2 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.

Decree Of Divorce Can Be Sustained If No Cohabitation Occurs Between Parties For A Year After Grant Of Judicial Separation: Allahabad High Court
6 months, 1 week ago

Decree Of Divorce Can Be Sustained If No Cohabitation Occurs Between Parties For A Year After Grant Of Judicial Separation: Allahabad High Court

Live Law  

The Allahabad High Court has held that under Section 10 of the Hindu Marriage Act, 1955 if no cohabitation occurs between the parties in the year after the decree of restitution of conjugal rights or decree of judicial separation, the decree of separation would be upheld. Subsequently, in 2006, the case instituted by the respondent-husband was dismissed and the decree …

Can Alimony Be Granted When Marriage Is Declared Void Under Hindu Marriage Act? Supreme Court To Consider
6 months, 3 weeks ago

Can Alimony Be Granted When Marriage Is Declared Void Under Hindu Marriage Act? Supreme Court To Consider

Live Law  

The Supreme Court is set due to consider the issue whether alimony can be granted where the marriage has been declared void. The bench of Justices Vikram Nath and PB Varale noted that there have been conflicting views by the decisions of various division benches in interpreting the applicability of Sections 24 and 25 of the Hindu Marriage Act, 1955 …

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

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

India Today  

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

Wife's Suit For Declaration Of Right In Ex-Husband's Property Maintainable Before Family Court: Karnataka High Court
7 months, 2 weeks ago

Wife's Suit For Declaration Of Right In Ex-Husband's Property Maintainable Before Family Court: Karnataka High Court

Live Law  

The Karnataka High Court has said that a suit filed by a wife before the family court to seek a declaration of share in property of her divorced husband as agreed in the terms of divorce, is maintainable. A division bench of Justices Krishna S Dixit and Vijaykumar A Patil dismissed an appeal filed by the ex-husband questioning the jurisdiction …

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 …

Maintenance Must Be Paid From Date Of Application In Domestic Violence Cases: Andhra Pradesh High Court Reiterates
7 months, 3 weeks 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 …

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 …

[Hindu Marriage Act] Bar Against Remarriage Not Applicable If Delay In Filing Matrimonial Appeal Is Not Satisfactorily Explained: Gauhati HC
9 months, 1 week ago

[Hindu Marriage Act] Bar Against Remarriage Not Applicable If Delay In Filing Matrimonial Appeal Is Not Satisfactorily Explained: Gauhati HC

Live Law  

The Gauhati High Court on Wednesday dismissed an Interlocutory Application filed by a woman for condonation of 122 days of delay in preferring the matrimonial appeal which challenged an ex-parte divorce decree passed by the District Court, on the ground that the bar of Section 15 of the Hindu Marriage Act would not be applicable in the case and delay …

Karnataka High Court orders release of convict on parole to fulfil wife’s conjugal right to have progeny
9 months, 2 weeks ago

Karnataka High Court orders release of convict on parole to fulfil wife’s conjugal right to have progeny

The Hindu  

The High Court of Karnataka directed the prison authorities to release a convict on parole for 30 days on the petition filed by his wife, who has complained that she has been deprived of her conjugal right to have progeny. She married him on April 11, 2023, after the court granted him parole for 15 days from April 5 to …

Husband Who Has Deserted Wife And Child Is Bound To Pay Maintenance Irrespective Of Financial Status: Karnataka High Court
9 months, 2 weeks ago

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

Live Law  

The Karnataka High Court has dismissed a petition filed by a husband questioning the interim maintenance granted to the estranged and minor child by the trial court. The petitioner under the garb that he has lost his employment, cannot shy away from his responsibility of maintaining the wife and minor daughter.” The family court had ordered payment of interim maintenance …

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

S.23(1)(B) Hindu Marriage Act | Divorce Petition Can't Be Dismissed If Acts Of Cruelty Once Condoned By Spouse Are Repeated: Allahabad High Court
11 months, 2 weeks ago

S.23(1)(B) Hindu Marriage Act | Divorce Petition Can't Be Dismissed If Acts Of Cruelty Once Condoned By Spouse Are Repeated: Allahabad High Court

Live Law  

The Allahabad High Court has held that divorce petition cannot be dismissed under Section 23 of the Hindu Marriage Act, 1955 if acts of cruelty which were once condoned by the spouse are repeated. Since the wife had continued her relationship outside of marriage, the Court held that there was cause of action for filing the divorce petition. Section 23 …

No appeal on interim maintenance orders: Madras HC
11 months, 3 weeks 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 …

Rajasthan HC Asks Family Courts To Avoid Unnecessary Adjournments, Observe S.21B Hindu Marriage Act Which Encourages Day-To-Day Trial
1 year ago

Rajasthan HC Asks Family Courts To Avoid Unnecessary Adjournments, Observe S.21B Hindu Marriage Act Which Encourages Day-To-Day Trial

Live Law  

The Rajasthan High Court has asked the family courts to sparingly grant adjournments during the pendency of divorce petitions, to realise the objective behind Section 21B of the Hindu Marriage Act, 1955. The writ petition was originally filed seeking the court's interference for the expeditious disposal of a petition for dissolution of marriage under Section 13 of the Hindu Marriage …

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 …

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, …

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

Rs 60K maintenance for wife not high for rich hubby: Karnataka High Court

New Indian Express  

BENGALURU: The High Court of Karnataka said that payment of Rs 60,000 maintenance per month to the wife cannot be termed high, when the husband is earning Rs 7 lakh per month. “The income of the husband being Rs 7 lakh per month, award of Rs 60,000 as maintenance to the wife cannot be considered to be on the higher …

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 …

Hindu Marriage Act | Trial Court Must Wait 18 Months Before Dismissing Plea U/S 13B Even If Parties Trying To Reunite: Karnataka High Court
1 year, 3 months ago

Hindu Marriage Act | Trial Court Must Wait 18 Months Before Dismissing Plea U/S 13B Even If Parties Trying To Reunite: Karnataka High Court

Live Law  

The Karnataka High Court has held that under Section 13B of the Hindu Marriage Act, a couple seeking divorce had 18 months to report a settlement between them after filing the petition for divorce by mutual consent. A division bench of Justice K S Mudagal and Justice K V Arvind allowed an appeal and set aside the order of the …

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 …

S.19 Hindu Marriage Act | Wife Residing In Australia Can't Invoke Jurisdiction Of Indian Court Where She Briefly Visited: Allahabad High Court
1 year, 4 months ago

S.19 Hindu Marriage Act | Wife Residing In Australia Can't Invoke Jurisdiction Of Indian Court Where She Briefly Visited: Allahabad High Court

Live Law  

The Allahabad High Court has held that though the term 'residing' appearing in Section 19 of the Hindu Marriage Act, 1955 is not defined under the Act, a casual visit to a place will not grant jurisdiction to the Court in that area to adjudicate upon divorce proceedings. The bench comprising of Justices Saumitra Dayal Singh and Syed Aftab Husain …

Domestic Violence Not Established: Karnataka HC Denies Claim Of Wife Who Converted Religion, Says "Marriage Stands Dissolved" Though No Divorce
1 year, 4 months ago

Domestic Violence Not Established: Karnataka HC Denies Claim Of Wife Who Converted Religion, Says "Marriage Stands Dissolved" Though No Divorce

Live Law  

The Karnataka High Court has held that compensation under section 22 of the Protection of Women from Domestic Violence Act, 2005 can be awarded only when Domestic Violence is established. The bench said, “Under Section 22 Protection of Women from Domestic Violence Act, 2005, compensation can be awarded only if Domestic Violence is proved and in fact, in the instant …

[Hindu Marriage Act] Wife's Failure To Comply With Restitution Of Conjugal Rights Decree Ground For Divorce: Karnataka High Court
1 year, 5 months ago

[Hindu Marriage Act] Wife's Failure To Comply With Restitution Of Conjugal Rights Decree Ground For Divorce: Karnataka High Court

Live Law  

The Karnataka High Court has dissolved the marriage between a couple, as the wife did not join the company of the husband even after the trial court passed an order for restitution of conjugal on an application filed by the husband. On going through the records the bench noted that the appellant/husband issued legal notice back in 2016 calling upon …

Maintenance Obligations Should Not Burden A Husband To The Point Of Marriage Becoming A Punishment: Jharkhand High Court
1 year, 5 months ago

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

Live Law  

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

Mutual Divorce: Family Court Can't Reject Application To Waive Cooling Off Period In Mechanical Manner, Says Allahabad High Court
1 year, 5 months ago

Mutual Divorce: Family Court Can't Reject Application To Waive Cooling Off Period In Mechanical Manner, Says Allahabad High Court

Live Law  

The Allahabad High Court has held that the family court ought not to reject an application filed for waving of the statutory six-month cooling off period in divorce proceedings under Section 13B of the Hindu Marriage Act, 1955 in a mechanical manner. The Court noted that the Family Court had made a ‘superficial observation’ regarding the parties living separately for …

When Husband Leads Luxury Life, Wife Can't Be Left In Lurch: Karnataka HC Enhances Maintenance Of Former Judge's Daughter To ₹1.5 Lakh A Month
1 year, 6 months ago

When Husband Leads Luxury Life, Wife Can't Be Left In Lurch: Karnataka HC Enhances Maintenance Of Former Judge's Daughter To ₹1.5 Lakh A Month

Live Law  

The Karnataka High Court recently granted relief to the daughter of a former High Court judge, enhancing monthly maintenance payable to her by her husband to Rs. The Court rejected the appeal preferred by the husband challenging the family court order directing him to pay Rs 75,000 per month to his wife. If the facts in the case at hand …

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

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

Live Law  

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

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

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

News 18  

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

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

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

Live Law  

The Allahabad High Court while adjudicating an appeal against interim maintenance awarded to the wife by the Family Court, has held that the minimum amount must be paid to the estranged wife from the date of the claim to preserve her life and liberty with dignity. Minimum amounts are required to be provided from the date of the claim being …

Decide Interim Maintenance/ Custody Applications In 90 Days: Delhi HC Issues Directions To Family Courts For Speedy Disposal Of Matrimonial Cases
1 year, 6 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 …

Divorce Cases Should Be Decided By Family Courts Within One Year: Karnataka High Court
1 year, 7 months ago

Divorce Cases Should Be Decided By Family Courts Within One Year: Karnataka High Court

Live Law  

The Karnataka High Court has said courts should make all efforts to try and dispose off matrimonial cases, which involve prayer for the dissolution/nullity of marriage, within an outer limit of one year. A single judge bench of Justice Krishna S Dixit said “Matrimonial causes should be tried & disposed off on a war footing, at least as a concession …

'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 …

Karnataka High Court Sets Aside Condition Requiring Wife To Sponsor Husband's Travel From USA For His Cross-Examination In Matrimonial Case
1 year, 9 months ago

Karnataka High Court Sets Aside Condition Requiring Wife To Sponsor Husband's Travel From USA For His Cross-Examination In Matrimonial Case

Live Law  

The Karnataka High Court has set aside an order passed by Family Court allowing application made by the wife to cross-examine her husband subject to a condition that she would bear his travel expense of Rs 1.65 lakhs, from the USA to Bangalore. A single judge bench of Justice Krishna S Dixit allowed the petition filed by Sindhu Boregowda and …

Discretion Of Court To Transfer Or Club Cases Is Not Discretion Of A Mughal Emperor: Karnataka High Court
1 year, 9 months ago

Discretion Of Court To Transfer Or Club Cases Is Not Discretion Of A Mughal Emperor: Karnataka High Court

Live Law  

The Karnataka High Court has set aside an order passed by the trial court dismissing an application filed by a woman to club two pending suits for a common trial and disposal. Observing that obviously the two suits will have their own issues but same is no ground for denying the request for clubbing, the court said: "It is also …

Trial Court Not Barred From Granting Maintenance From Date Of Order If Reasons Exist For Doing So: Allahabad High Court
1 year, 10 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 …

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