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The Court noted from the mediation report that both children wished to live with their father in Qatar, despite limited memories of the place. The elder child added that their father’s presence alone would be enough, with someone available to care for them.
“The test is whether the wife is able to maintain herself more or less in the status, in which her husband has maintained her. The wife is entitled to live the same standard of life as she lived along with the husband.”
“Section 125 of CrPC has not been constituted to create an army of idle or inactive people waiting for maintenance to be awarded from the income of the other spouse.”
“Maintenance pendente lite/permanent alimony u/s 24 or 25 of the Hindu Marriage Act, 1955 may be claimed by either wife or husband. The phrase “sufficient for her or his support” has to be interpreted to mean that applicant is able to maintain with reasonable comfort and standard of living which applicant was accustomed in matrimonial home.”