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“The husband’s income is far more than wife with no financial responsibilities on him and even if he has certain expenses that are necessary for maintenance of himself and family members, the amount that remains is sufficient to enable him to support his wife.”
The wife was previously employed as a guest teacher. However, owing to the compelling responsibilities of single-handedly raising the child coupled with the burden of long commuting hours, she had to discontinue her employment.
“Remaining unemployed is one thing and sitting idle having qualification and prospect to earn is another thing and if a husband being well qualified sufficient enough to earn sits idle only to shift the burden on the wife should not only be deprecated, but also be discouraged.”
“Equitable considerations do apply when the Court considers the prayer for maintenance under Section 25. The reason is that Section 25 lays down that while considering the prayer for granting relief under Section 25, the conduct of the parties must be considered.”
The Court clarified that under Section 125(4) CrPC, maintenance can only be denied if the wife is living in adultery, which requires proof of a sexual relationship.
The wife claimed that she has a M.Sc. degree in Clothing and Textile but was forced to leave her job as her husband was against her working.
“Since the legislature cannot contemplate a solution to all the problems that are presented in Society. Within the broad framework that is laid down by the legislature, Courts will have to find a solution to the individual cases.”
“With regard to the maintenance of the child, this court is of the view that in the presence of biological father of the child, the stepfather cannot be asked to maintain the child.”
“The object of Section 24 of the Hindu Marriage Act, 1955 is to ensure that during the matrimonial proceedings either party should not be handicapped and suffer any financial disability to litigate only because of paucity of source of income.”
The impugned order held that the fathers of the parties were real brothers and so, the marriage between the parties fell within the meaning of sub-clause (f) of Section 3 of Hindu Marriage Act, which defines the terms of degrees of prohibited relationships.
The Court pin-pointed the huge difference in income of the husband and wife, and that there was no documentary evidence to support the wife’s claims of being indebted.
Bombay High Court held that maintenance cannot be denied because of possession of higher qualification by wife considering the wife is unemployed.
Rajasthan High Court: Dinesh Mehta, J., dismissed the petition. The facts of the case are such that the petitioner and the respondent,
Delhi High Court: Subramonium Prasad, J., while allowing in part the revision petition filed challenging the Family Court’s maintenance order made a
Delhi High Court: Prathiba M. Singh, J., dismissed an application filed under Section 24 of the Hindu Marriage Act on finding no
Allahabad High Court: Dr Y.K. Srivastava, J., expressed while deciding the present application that: “Proceeding for interim maintenance, shall as far as
Delhi High Court: Vibhu Bakhru, J., addressed a matter wherein the question was considered whether an application under Section 125 Criminal Procedure Code,
Supreme Court has framed guidelines on overlapping jurisdiction under different enactments for payment of maintenance, payment of Interim Maintenance, the criteria for determining the quantum of maintenance, the date from which maintenance is to be awarded, and enforcement of orders of maintenance.
Supreme Court: The bench of Indu Malhotra* and R. Subhash Reddy, JJ has framed guidelines on the issue of maintenance of wife,