maintenance Archives

Del HC | Details of listing of husband’s business on various websites held sufficient for making prima facie assessment in favour of wife for grant of maintenance under DV Act

Delhi High Court: Sanjeev Sachdeva, J. allowed a petition filed by the petitioner-wife against the order of the appellate court whereby it had

Case Briefs High Courts

Cal HC | ‘Divorced wife’ who hasn’t remarried held entitled to execute order granted under S.12 of DV Act; existence of ‘domestic relationship’ dispensed with

Calcutta High Court: Madhumati Mitra, J. dismissed an application filed by the petitioner to quash the order of the Additional Sessions Judge whereby

Case Briefs High Courts

Tri HC | Wife entitled to lead life at par the standard of husband, appeal under S. 19(1) of Family Courts Act for reducing pendente lite maintenance dismissed

Tripura High Court: A Division Bench of Sanjay Karol, CJ and Arindam Lodh, J. dismissed an appeal filed under Section 19(1) of the

Case Briefs High Courts

Utt HC | Non-disclosure of major ailments before marriage amounts to ‘cruelty’ although the aliments itself are no grounds for divorce; dissolution of marriage upheld

Uttaranchal High Court: A Division Bench of Sudhanshu Dhulia and Ramesh Chandra Khulbe, JJ. entertained an appeal by the appellant-wife under Section

Case Briefs Tribunals/Commissions/Regulatory Bodies

APTEL | Maintenance of Judicial discipline is part of judicial process; Tribunal directs implementation of order

Appellate Tribunal for Electricity (APTEL): A Division Bench of Manjula Chellur, J. (Member) and S.D. Dubey, (Technical Member) passed an order for

Case Briefs High Courts

Del HC | Appeal against order granting maintenance to wife cannot be dismissed solely for husband’s failure to deposit arrears of maintenance

Delhi High Court: Sanjeev Sachdeva, J. allowed a revision petition and set aside the order of the Appellate Court whereby it had dismissed

Case Briefs High Courts

Gau HC | Husband bound to maintain wife and child under S. 125 CrPC in absence of specific evidence as to the income of wife

Gauhati High Court: Hitesh Kumar Sarma, J. dismissed a revision petition filed against the order of the family court whereby the petitioner was

Case Briefs High Courts

Pat HC | Withdrawal simpliciter of application under S. 482 CrPC not allowed, when applicant indulges in malafide conduct

Patna High Court: The Bench of Ahsanuddin Amanullah, J. was hearing an application under Section 482 of the Code of Criminal Procedure,

Case Briefs High Courts

Del HC | Expenses of the child cannot be equally divided between parents; amount payable by husband under S. 125 CrPC towards maintenance of child increased

Delhi High Court: Sanjeev Sachdeva, J. partly allowed a revision petition against the order of the trial court passed under Section 125 CrPC

Case Briefs High Courts

Bom HC | Maintenance allowance granted to wife cannot be considered as debt – Exemption under S. 11 of Pensions Act, 1871 cannot be granted to husband

Bombay High Court: The Bench of M.G. Giratkar, J., partly allowed a criminal revision application by modifying the maintenance amount being provided

Case Briefs High Courts

Del HC | Wife can claim monetary relief under S. 20 of Domestic Violence Act in addition to maintenance under S. 125 CrPC; trial court order holding contrary set aside

Delhi High Court: Sanjeev Sachdeva, J., reiterated that proceedings under the Protection of Women from Domestic Violence Act, 2005 and under Section 125

Case Briefs High Courts

Del HC | Trial Court can award maintenance under S. 125 CrPC on basis of admissions on record, proving factum of marriage in every case not necessary

Delhi High Court: Sanjeev Sachdeva, J.dismissed a petition filed against the order of the trial court whereby it had recalled its earlier order

Case Briefs High Courts

Del HC | Maintenance under S. 125 CrPC to be ordinarily awarded from date of application; award from date of order is exception

Delhi High Court: Sanjeev Sachdeva, J., modified the trial court’s order awarding maintenance to the petitioner-wife and directed the respondent-husband to the pay

Case Briefs Tribunals/Commissions/Regulatory Bodies

CESTAT | Mere non-disclosure of particulars cannot be concluded as willful suppression in order to invoke extended period

Customs, Excise & Service Tax Appellate Tribunal (CESTAT): This appeal was filed before Sulekha Beevi, J. and Madhu Mohan Damodhar, Member (Technical).

Case Briefs High Courts

Gau HC | Wife granted alimony under S. 25 HMA in spite of ‘no claim agreement’ with husband

Gauhati High Court: A Bench of A.S. Bopanna, CJ and Sanjay Kumar Medhi, J. dismissed an appeal filed by the appellant-husband against family

Case Briefs High Courts

Del HC | Magistrate empowered to grant interim maintenance under S. 23 of DV Act from the date of filing of substantive petition under S.12

Delhi High Court: Sanjeev Sachdeva, J., while dismissing a criminal revision petition, held that the magistrate has a power to pass an order

Case Briefs High Courts

Gau HC | Even after paying permanent alimony to wife, husband has bounden duty to provide maintenance for befitting upbringing of child

Gauhati High Court: Rumi Kumari Phukan, J., dismissed a revision petition filed by a husband against the order of the family court whereby

Case Briefs High Courts

Del HC | Wife granted opportunity to prove additional documents not available during trial for maintenance under S. 125 CrPC

Delhi High Court: Sanjeev Sachdeva, J. disposed of a petition filed in a matrimonial dispute by allowing the petitioner (wife) to prove additional

Case Briefs High Courts

Del HC | Defence of husband in a case under Domestic Violence Act struck off for non-payment of arrear of maintenance to wife

Delhi High Court: Sunil Gaur, J. allowed a petition filed by petitioner (wife) for striking off respondent’s (husband) defence in proceedings pending under

Case Briefs High Courts

Bom HC | Wife, not comfortable living due to the in-laws’ attitude has right to live separately and demand maintenance

Bombay High Court: The Bench comprising of V.K. Jadhav, J., while pronouncing an order stated that, “if the wife is not comfortable