maintenance Archives

One cannot seek transfer of execution proceeding under Section 125(3) CrPC to another Court once the order fixing maintenance attains finality: Supreme Court

Supreme Court: In a complex case where both the parties claimed to be disabled to get the matrimonial case transferred to the

Case Briefs High Courts

“Digitalisation is bridging the gap between the courts and the litigant”; Allahabad High Court rejects transfer application citing alternative of video conference facility

Allahabad High Court: Vikram D. Chauhan, J. took cognizance of transfer application which was filed for the transfer of the case under

High Court Round Up Legal RoundUp

Tracing back 90+ top stories of High Courts from the month of July 2022| Reproductive choice, Trademark, Service Charge, Misleading advertisements and more

Allahabad High Court SC and ST Act, 1989 Section 3 (2) (v) of SC and ST Act, 1989 only attracts by way

Case Briefs High Courts

Chhattisgarh High Court entitles father-in-law to pay maintenance; “Estate of the husband can be preferred to claim over the estate of father or mother of daughter in law”

Chhattisgarh High Court: A Division Bench of Goutam Bhaduri and Deepak Kumar Tiwari JJ. entitled father-in-law to pay maintenance to widowed daughter-in-law

Case Briefs High Courts

Bombay High Court | Courts cannot be hyper technical in their approach when it comes to petitions under S. 125, CrPC ; son liable to maintain father

Bombay High Court: Vibha Kankanwadi, J. partly allowed a writ petition setting aside the judgment and order of Additional Sessions Judge and

Case Briefs High Courts

Delhi High Court emphasizes on the importance of husband’s/father’s obligation towards estranged wife/child; Upholds maintenance decree granted by Family Court

The malafide intentions of an estranged husband is to depress his income as much as possible, for sadistic pleasure, of seeing the agony of someone, who has no choice, but to be dependent on him, may be dictated by egoistic propensity to also possibly teach his wife a lesson for not falling in line with whatever be his dictates.

Case Briefs High Courts

Bombay High Court| Unmarried major Daughter entitled for maintenance from her father; Glossy life on Instagram does not prove independent and sufficient income

Bombay High Court: Bharati Dangre, J. rejected a writ petition which was filed by the husband, being aggrieved of the order passed

Case Briefs High Courts

Karnataka HC directs timeline for expeditious disposal of every application invoking S. 12 (5) Protection of Women from Domestic Violence Act, 2005

Karnataka High Court: M Nagaprasanna J. allowed the petition and directed to dispose the application seeking maintenance, within a period of two

Case Briefs High Courts

If wife is earning, can it operate as a bar from awarding maintenance to suit lifestyle of her husband in matrimonial home? Tel HC answers

Telangana High Court: Sathish Reddy, J., while addressing a maintenance case, expressed that, the wife’s earning capacity cannot be a bar from

Case Briefs High Courts

Raj HC | Neither the mere potential to earn, nor actual earning of wife, howsoever meagre, is sufficient to deny claim of maintenance

Rajasthan High Court: Pushpendra Singh Bhati J. modified the impugned order and enhanced the compensation to Rs 75000/- (for wife) and Rs

High Court Round Up Legal RoundUp

100 Reports from 22 High Courts | Marital Rape, Taj Mahal Case, Maternity Benefit, Right of Press, Provocative Slogans and more | May RoundUp 2022

TOP STORY OF THE MONTH Marital Rape Split Verdict on Criminalisation of Marital Rape| Can a Husband be labelled as a rapist?

Case Briefs High Courts

Can a husband escape from his liability to pay maintenance to his wife by signing an agreement to the contrary? Gau HC throws light

Gauhati High Court: While addressing a matter with regard to maintenance of wife, Rumi Kumari Phukan, J., expressed that, the statutory right

Case Briefs High Courts

Whether right to claim maintenance under Domestic Violence Act and S. 125 CrPC are mutually exclusive? Del HC elaborates

Delhi High Court: Asha Menon, J., observed that, the right to claim maintenance under the Domestic Violence Act and those under Section

Case Briefs High Courts

HP HC | The findings in a proceeding under S. 125 CrPC cannot be binding on matrimonial Court while dealing with an application for divorce on the ground of res judicata

Himachal Pradesh High Court: Tarlok Singh Chauhan, J. remarked “there has been no matrimonial relationship between the parties for the last nearly

Case Briefs High Courts

Duty of father to maintain child, daughter entitled to seek maintenance from father: All HC

Allahabad High Court: Brij Raj Singh, J., expressed that, a father is legally bound to maintain his child according to the status

Case Briefs High Courts

Can Maintenance and Welfare of Parents and Senior Citizens’ Tribunal direct the daughter-in-law to pay maintenance to her in-laws? Bom HC decodes

Bombay High Court: The Division Bench of S.S. Shinde and Revati Mohite Dere, JJ., observed that the daughter-in-law cannot be directed by

Case Briefs High Courts

If divorce is declared in one go and Fatwa is issued, Is muslim wife entitled to maintenance under S. 125 CrPC? All HC answers

Allahabad High Court: Brij Raj Singh, J., while addressing a maintenance case, observed that if a wife proves that she is unable

Case Briefs District Court

Aggrieved woman needs economic support, in view of domestic violence, perpetrated upon her, by a person, who is in domestic relation with her: Karkardooma Courts

Karkardooma Courts, Delhi: In a matter regarding providing maintenance to wife and children, Ramesh Kumar-1, Principal District & Sessions Judge, expressed that

Case Briefs High Courts

If wife sells out some property, in order to maintain her children, would that mean the wife will not have opportunity to claim maintenance under S. 125 CrPC? All HC explains

Allahabad High Court: Brij Raj Singh, J., while discussing the matter with regard to providing maintenance to a wife, noted that the

Case Briefs High Courts

Granting or non-granting interim maintenance is not punishing any litigant; Kar HC observes Proviso to S. 125 of CrPC provides discretion to court to order interim maintenance during pendency of proceedings

Karnataka High Court: M Nagaprasanna, J., dismissed the petition and refused to grant prayer as the case is at a pre matured