Father’s maintenance for child cannot be only two meals a day, says Delhi court
6 years, 9 months ago

Father’s maintenance for child cannot be only two meals a day, says Delhi court

Hindustan Times  

A child’s right to maintenance is not restricted to his father paying for two daily meals only but must be determined on the basis of benefits he would have enjoyed as if he was living with his parents, a Delhi court has said. The right to maintenance of a child from his father cannot be restricted to two meals a day but must be determined on the basis of benefit, status and money that the child would have enjoyed as if he was living with the family including mother and father, the court said. Additional Sessions Judge Sanjiv Jain rejected the appeal filed by the man against a magisterial court order directing him to pay ₹12,000 towards maintenance of the child and ₹6,000 to wife for her expenses every month in a domestic violence case lodged by her. The right to maintenance of a child from his father cannot be restricted to two meals a day but must be determined on the basis of benefit, status and money that the child would have enjoyed as if he was living with the family including mother and father,” the judge said.

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History of this topic

₹2.5K maintenance paltry for middle-class woman: Allahabad HC
3 months, 1 week ago

₹2.5K maintenance paltry for middle-class woman: Allahabad HC

Hindustan Times  

The Allahabad high court has deemed a monthly maintenance amount of ₹2,500 as inadequate, stating that a middle-class woman can’t manage even a square meal with such a paltry sum. The court directed that the husband should pay interim maintenance of ₹ 10,000 per month The observation was made by Justice Ram Manohar Narayan Mishra while hearing a plea filed …

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

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

Hindustan Times  

A Karnataka High Court judge expressed her surprise during a case involving a wife seeking maintenance from her husband. “First of all, from a person’s salary of ₹12,000, how can the court grant ₹10,000 for maintenance? Honourable judge has been quite fair to both the parties in many other cases too when unreasonable demands are made.” The video was originally …

Major Child Entitled To Maintenance Under Hindu Marriage Act Till He Is Pursuing Education And Not Financially Independent: Delhi High Court
7 months, 3 weeks ago

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

Live Law  

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

Merely Because Wife Is Earning Isn't An Absolute Bar To Receiving Maintenance From Husband: Delhi High Court
1 year, 3 months ago

Merely Because Wife Is Earning Isn't An Absolute Bar To Receiving Maintenance From Husband: Delhi High Court

Live Law  

The Delhi High Court on Monday said that merely because the wife is earning does not automatically operate as an absolute bar for awarding maintenance by the husband.A division bench of Justice V Kameswar Rao and Justice Anoop Kumar Mendiratta also observed that the obligation of the husband to provide maintenance is on a higher pedestal than the wife, since …

Wife Working To Supplement Her Daily Expenditure Amid Non-Payment By Husband No Ground To Reduce Maintenance: Delhi High Court
1 year, 5 months ago

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

Live Law  

The Delhi High Court has observed that if a wife starts working to supplement daily expenditure for herself and the child due to financial crunch, it is not a ground to reduce maintenance payable to her by her husband. A division bench of Justice Suresh Kumar Kait and Justice Neena Bansal Krishna dismissed a husband’s appeal challenging a family court …

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 …

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 …

Father can't be absolved of responsibilities to meet son's education expenses after he turns 18: Delhi HC
3 years, 5 months ago

Father can't be absolved of responsibilities to meet son's education expenses after he turns 18: Delhi HC

India Today  

The Delhi High Court has ruled that a father cannot refuse to pay for his son's education merely because he has attained the age of majority. While dismissing a plea by a man seeking to absolve himself from paying for his son's education after the age of 18 years, the high court said the father must carry the financial burden …

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. …

Husband Has to Pay Maintenance For Children Irrespective Of His Wife Earning: Delhi HC [Read Judgment]
5 years, 8 months ago

Husband Has to Pay Maintenance For Children Irrespective Of His Wife Earning: Delhi HC [Read Judgment]

Live Law  

The Delhi High Court recently observed that the husband cannot avoid undertaking the responsibility of maintaining his children merely because his wife is earning. Justice Sanjeev Sachdeva of the Delhi High Court was hearing a revision petition challenging an order of the Sessions Court whereby an appeal of the petitioner against an order of the Trial Court was dismissed. While …

Though Adult Son Cannot Claim Maintenance, Parents Have To Maintain Their Adult Child Till He Gets Employed: Uttarakhand HC [Read Order]
6 years, 7 months ago

Though Adult Son Cannot Claim Maintenance, Parents Have To Maintain Their Adult Child Till He Gets Employed: Uttarakhand HC [Read Order]

Live Law  

The Uttarakhand High Court recently increased the amount of maintenance awarded to a woman, noting that she had to take care of her major son as well since he was unemployed.Justice Lok Pal Sigh observed, "Though an adult son cannot claim maintenance from his parents as a matter of right, but in the Indian culture we cannot forget the fact …

Cannot Be Exempted From Maintaining Child Even If Other Spouse Earns Sufficiently Well: Delhi HC [Read Judgment]
7 years, 4 months ago

Cannot Be Exempted From Maintaining Child Even If Other Spouse Earns Sufficiently Well: Delhi HC [Read Judgment]

Live Law  

The Delhi High Court recently reiterated the principle that a spouse cannot be exempted from contributing towards maintenance of a minor child even if the other spouse, with whom the child stays, earns sufficiently well. "It is a settled principle of law that both the parents have a legal, moral and social duty to provide to their child the best …

Even If Wife Leaves Husband, It Doesn’t Absolve Him Of Duty To Provide Maintenance To Minor Child: Bombay HC [Read Judgment]
7 years, 7 months ago

Even If Wife Leaves Husband, It Doesn’t Absolve Him Of Duty To Provide Maintenance To Minor Child: Bombay HC [Read Judgment]

Live Law  

Imposing a cost of Rs. 25,000 on one Nirajkumar Kapurchand Jain who has a 7-year-old son, the Nagpur bench of Bombay High Court has said a father cannot run away from the responsibility nor can he be allowed to skip his obligation to maintain his son or daughter and father is duty-bound to provide all facilities, including better facilities for …

Husband Can't Deny Maintenance to Wife, Kids Merely Because Wife Earns More
8 years, 2 months ago

Husband Can't Deny Maintenance to Wife, Kids Merely Because Wife Earns More

Live Law  

The Punjab and Haryana High Court has dismissed a petition against the decision of the district court, Pathankot, which granted the wife right to maintenance under the Hindu Marriage Act, 1955 even when she was earning more than her husband.The lower court had ordered the husband to pay Rs. The Punjab and Haryana High Court has dismissed a petition against …

Father Paying Maintenance Towards Child Is Entitled To Visitation Rights: Delhi HC [Read Judgment]
8 years, 5 months ago

Father Paying Maintenance Towards Child Is Entitled To Visitation Rights: Delhi HC [Read Judgment]

Live Law  

The Delhi High Court in Manpreet Singh Bhatia v. Sumita Bhatia, has held that when the father was paying maintenance pendent lite under section 2 of the Hindu Marriage Act, 1955, for his wife and daughter, he was also entitled to visit her. Manpreet Singh was directed to pay a monthly maintenance of Rs 25,000 to his wife and Rs …

Estranged wife, child are entitled to decent living: Court
10 years, 3 months ago

Estranged wife, child are entitled to decent living: Court

India TV News  

New Delhi: A Delhi court has asked a man to pay Rs 8,000 as maintenance to his estranged wife and their two-year-old child, saying they are entitled to a decent living and the ordinary comforts of life. Additional Sessions Judge Sanjay Sharma asked the man, a Delhi resident, to pay Rs 4,000 per month each to the woman and their …

Maintain wife, child even if unemployed: HC
11 years, 10 months ago

Maintain wife, child even if unemployed: HC

Firstpost  

Mumbai: Refusing to grant relief to an unemployed man, the Bombay High Court has ruled that a husband has to work and earn in order to maintain his wife and child and cannot escape from it on the ground that he does not have a job. “The excuses given on behalf of the respondent that he is not able to …

Man asked to pay maintenance to 83-year-old father
12 years, 9 months ago

Man asked to pay maintenance to 83-year-old father

India TV News  

New Delhi, Jun 15: A Delhi court has asked a man to pay maintenance to his 83-year-old father, who had pleaded that he has been deserted by his son. Fixing Rs 4,000 as monthly maintenance on the basis of “cost of modern days' living” for the elderly man, who has four sons, Metropolitan Magistrate Savitri asked the sole respondent son …

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