Supreme Court Monthly Roundup – November 2020
TOP STORIES Maintenance of wife|Husband doesn’t have to pay maintenance in each of the proceedings under different Maintenance laws [Explainer on Supreme
maintenance
Bom HC | Whether unmarried daughter who is major by age, entitled to claim maintenance from father till her marriage? HC explains law in light of Hindu Adoption & Maintenance Act
Bombay High Court: Nitin W. Sambre, J., while setting aside the orders pronounced by the Courts below observed that, “the law already gives
Del HC | Is it lawful for a wife to agree to a settlement deed in the process of dissolving of marriage wherein she settles that her minor children will not claim maintenance in future? Court explains
Delhi High Court: Anu Malhotra, J., addressed a matter wherein the husband and wife reach a settlement and the wife agrees to
Kar HC | Is petition under S. 125 CrPC maintainable when an order of compensation has been granted under Protection of Women from Domestic Violence Act, 2005; Petition allowed
Karnataka High Court: Jyoti Mulmani J., allowed the revision petition on grounds of failure to ascertain and understand the material propositions involved
Ker HC | If a wife obtains husband’s consent for marriage by suppressing material facts like cardiac ailments, would that amount to fraud? Bench explains whether marriage can be declared null & void
Kerala High Court: A Division Bench of A.M. Shaffique and Mary Joseph, JJ., upheld the Family Court’s decision wherein the wife obtained the
Maintenance of wife|Husband doesn’t have to pay maintenance in each of the proceedings under different Maintenance laws [Explainer on Supreme Court guidelines]
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.
Maintenance in matrimonial disputes| Supreme Court frames extensive guidelines; Resolves issue of overlapping jurisdiction under different Laws [Read Guidelines]
Supreme Court: The bench of Indu Malhotra* and R. Subhash Reddy, JJ has framed guidelines on the issue of maintenance of wife,
HP HC | Remedy under S. 125 CrPC and S. 12 of DV Act, 2005 are distinct and different; Law does not prohibit wife to proceed under both of the said statutory provisions simultaneously or otherwise; Petition dismissed
Himachal Pradesh High Court: Ajay Mohan Goel J., while rejecting the present criminal revision sought against the compensation and maintenance allowed by
[Maintenance to Muslim wife] All HC | “S. 125 CrPC perhaps one of the most secular enactment ever made in this country”: HC while upholding maintenance awarded to divorced Muslim wife
Allahabad High Court: Pradeep Kumar Srivastava, J., while addressing the present matter, observed that: … right of maintenance available to wife from
HP HC | Can wife claim maintenance under S.12 of the Protection of Women from Domestic Violence Act, 2005 over ‘ancestral property’ of the husband? HC explains
Himachal Pradesh High Court: Jyotsna Rewal Dua J., disposed off the petition without any interference with impugned orders. The facts of the
Madras HC | Is an illegitimate child entitled to maintenance under S. 125 CrPC? HC reiterates legal position
Madras High Court: B. Pugalendhi, J., while addressing an issue observed and reiterated the established position of the Supreme Court that, under Section
Madras HC | Once permanent maintenance is received under S. 20 DV Act, yet due to change in circumstances if alteration in maintenance is required, what approach should be resorted? HC elucidates
Madras High Court: A Division Bench of M. Sathyanarayanan and P. Rajamanickam, JJ., addressed an appeal with regard to seeking interim maintenance when
Can an unmarried Hindu daughter claim maintenance from her father? SC clarifies the legal position
Supreme Court: The 3-judge bench of Ashok Bhushan. R. Subhash Reddy and MR shah, JJ has held that an unmarried Hindu daughter
Bom HC | Can a widowed daughter-in-law claim maintenance from the estate inherited by her father-in-law? Law explained
Bombay High Court: Nitin W. Sambre, J., while addressing a petition with regard to grant of maintenance held that under Section 19 of
Guj HC | No evidence displayed regarding actual income, husband liable to pay maintenance; Court dismisses application
Gujarat High Court: A.P. Thaker, J., dismissed an application that was filed on being aggrieved and dissatisfied with the order of maintenance
Jhar HC | Object of S. 125 CrPC is to ensure that a wife, minor children or helpless parents do not suffer in penury
Jharkhand High Court: Shree Chandrashekhar, J., addressed an issue with regard to maintenance under Section 125 of the Code of Criminal Procedure Code.
Tri HC | “Woman who lived like wife, cannot be deprived of maintenance”: Court grants maintenance to woman who “lived like wife” for 10 yrs
Tripura High Court: S. Talapatra, J., while addressing a matter with regard to provision of maintenance, observed that, When one statute ensures maintenance for
Ker HC | Parents to submit school fees, since no exemption given on account of monthly salary expenditure incurred by school even during lockdown
Kerala High Court: A Division Bench of S. Manikumar ,CJ and Shaji P. Chaly, J. dismissed a writ petition on account of
Can Family Court convert petition for maintenance under Section 125 CrPC to one under Muslim Women’s Protection Act? Split verdict by SC
Supreme Court: The bench of R Banumathi and Indira Banerjee, JJ has given a split verdict on the issue whether a Family
[S. 125 CrPC] Bom HC | Wife cannot be denied maintenance on ground of having a source of income
Bombay High Court: N.J. Jamdar, J., while addressing a revision application with regard to maintenance under Section 125 of Code of Criminal