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“A wife’s income or employment does not automatically disqualify her from receiving alimony, it is not an absolute rule. Courts determine maintenance based on the wife’s actual need compared to the lifestyle she enjoyed in her matrimonial home.”
The April Roundup of Family and Personal Law contains important rulings and judgements from the Courts all over, on marriage, divorce, maintenance, child custody, guardianship and waqf.
Prior to being elevated to the Supreme Court, Justice Alok Aradhe served as Chief Justice for the Telangana and Bombay High Courts and also as Judge in Karnataka, Jammu and Kashmir and Madhya Pradesh High Courts.
“Even if the appellant-wife is highly educated and professionally qualified, that by itself cannot be a reason to absolve the respondent-husband from his matrimonial, paternal, moral and legal responsibility to provide for his wife and children.”
This month saw several significant rulings from the Supreme Court and High Courts on custody, maintenance, adoption, property disputes, and personal law.
Prior to being elevated to the Supreme Court, Justice Alok Aradhe served as Chief Justice for the High Courts of Telangana and Bombay and also as Judge in Karnataka, Jammu and Kashmir and Madhya Pradesh High Courts.
Justice Vikram Nath, a fourth-generation legal luminary and sitting Judge of the Supreme Court of India, joined the legal profession in 1987.
‘This Court treats it very seriously and condemns the conduct of the husband as on one hand, he has shown his bona fide intent to take care of his two daughters, who are aged about seventeen and twelve years respectively but on the other hand he did not disclose his income in figure.’
“Maintenance claims require disclosure affidavits of assets and liabilities, balanced assessment of needs and quantum based on factors like parties’ status, reasonable need and income.”
Wife’s behaviour of using derogatory terms for husband’s physical disability discloses her thought and respect to her husband.
A quick legal roundup to cover important stories from all High Courts this week.
“Without demanding permanent alimony in the written statement or by a separate application, Trial Court would not have granted permanent alimony to the respondent/wife.”
A sum of Rs. 50 Lakhs has also been awarded to the daughter, in line with the principles of safeguarding the interests of children suffering under distress of such prolonged matrimonial disputes between the parents.
The wife claimed that her husband’s net worth is Rs 5000 crores, but the Court decided to grant permanent alimony of Rs. 12 crores noting that the wife in the instant case has sought equalisation of status not just with the husband but also with his ex-wife and opined that this cannot be an acceptable approach.
Justice Ritu Bahri who retires on 10-10-2024, made history as upon her elevation on 04-02-2024, she became the first woman Chief Justice of Uttaranchal High Court.
“For the act of cruelty committed, once arrest of parents of a spouse is caused on false allegations or allegations found to be false during a criminal trial, no further or strict proof of cruelty may be prescribed or applied by Courts.”
The Court further pointed out that the instant petition did not make a strong case for violation of rules of reason and justice.
Justice Alok Aradhe was sworn in as Chief Justice of Telangana High Court on 23-07-2023 by the Governor Tamilisai Soundararajan. He succeeded Justice Ujjal Bhuyan who has been elevated as a Judge in the Supreme Court of India. Justice Aradhe has formerly served as Judge in Karnataka, Jammu and Kashmir and Madhya Pradesh High Courts.
Punjab and Haryana High Court: In an appeal filed by the appellant/husband seeking the dissolution of marriage on the ground of cruelty
Karnataka High Court: The Division Bench of Alok Aradhe and J.M. Khazi, JJ. dismissed an appeal filed by a husband