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Maintenance Judgements

  • DILSHAD HAJI RISAL Vs. STATE OF U.P.

    Court:ALLAHABAD HIGH COURT
    Section 125 — Maintenance — Sentence of jail to husband is no susbstitute for recovery of amount of monthly allowance fallen in arrears.

    0
  • SAIBAL DEY Vs. CHAITALI DEY & ANR.

    Court:CALCUTTA HIGH COURT
    Even in ex parte order it is duty of Court to give proper reasoning as to why such fabulous amount of maintenance as well as litigation cost awarded in favour of wife although there is no substantive evidence in support of claim of income of husband.

    0
  • KIRTIKANT D. VADODARIA Vs. STATE OF GUJARAT & ANR.

    Court:SUPREME COURT OF INDIA
    Maintenance of stepmother –– Object and purpose of Section 125 –– Wife, child and parents should not be left in helpless state of distress, destitution and starvation — Childless step-mother may claim maintenance from her step-son –– If she is widow or husband, if living, incapable of maintaining her –– Where mother has her natural son/sons and husband capable of maintaining her –– She cannot proceed against her step-son to claim maintenance.

    0
  • BAJIRAO RAGHOBA TAMBAR Vs. TOLANBAI AND ANOTHER

    Court:BOMBAY HIGH COURT
    Criminal Procedure Code, S. 125 and Hindu Marriage Act, Ss. 5, 11 and 25 — Second Marriage null and void and parties have no status of husband and — wife though not declared to be nullity under S. 11 — Such woman cannot claim maintenance under S. 125 Cr.P.C.

    0
  • S.S. Manickam Vs. Arputha Bhavani Rajam

    Wife loses her right to obtain maintenance as per strict letters of Section 125 of Cr.P.C, when she was leading adulterous life.

    1
  • KAMLA Vs. RATI RAM

    Interim Maintenance – Order of Magistrate modified granting interim maintenance to wife from date of filing of application to date of service of respondent husband.

    0
  • Abdulmunaf Vs. Salima

    Court:Karnataka High Court
    Wife is capable of earning in view of her being a normal healthy person and educated upto SSLC. Refusal to earning by such wife may be taken into consideration while considering quantum of maintenance.

    2
  • Veerashetty and Ors. vs. Suresh

    Court:KARNATAKA HIGH COURT
    SECTION 125-Claim for maintenance by an aged father against his two sons-Order passed by the Family Court directing the petitioners/sons to pay maintenance to the respondent/father-Revision against-Sacrosanct duty of children to maintain their parents.

    0
  • MOHAMMED SHARIF Vs. RAISA BEGUM AND ANOTHER

    Court:BOMBAY HIGH COURT
    Wife not entitled to maintenance as she was in wrong as all efforts to reconcile proved futile by the husband.

    1
  • KAMAL Vs. KM. AHILYA AND OTHERS

    Court:ALLAHABAD HIGH COURT
    Application for maintenance of minor children u/Sec. 125 Cr. P.C. — Allowed by Family Court — Challenged on ground that he is not father of the children and denial of marriage relationship — Report and evidence of Doctor not considered by Family Court — Whether Correct ? (No).

    0
  • NITABEN DINESHKUMAR OZA Vs. DINESHKUMAR ISHWARLAL OZA & ANR.

    Court:GUJARAT HIGH COURT
    If a child whether legitimate or illegitimate has attained majority as per Majority Act, 1975 and not suffering from any physical or mental abnormality or injury, thereby unable to maintain itself would not be entitled to receive maintenance under Section 125, Cr.P.C.

    0
  • Mohd Babu@Sameer vs Shakila

    Court:Delhi High Court
    Settlement is comprehensive. It clearly stipulated that parties will not initiate any action against each other. Maintenance denied to wife.

    4
  • K.S. VIMALESWARAN Vs. C.P.S. CHARUMATHI

    Court:MADRAS HIGH COURT
    Section 24 — Maintenance pendente lite — Reduction in amount — Petitioner-husband living outside India and earning about Rs. 2.50 lacs to Rs. 3 lacs p.m. — He cannot be expected to part with entire amount to wife and child for maintenance — Petitioner-husband shall pay Rs. 50,000 p.m. to wife instead of Rs. 1 lac and Rs. 25,000 p.m. to minor child instead of Rs. 75,000 p.m.

    0
  • Sangeeta Kumari vs The State Of Jharkhand And Anr

    Court: Jharkhand High Court
    Order of maintenance both u/s 125 Cr.P.C. and S.24 of Hindu Marriage Act – Claimant entitles to get only higher amount of maintenance out of both the provisions.

    1
  • Praveen Vs. Sabitha

    Court:HIGH COURT OF KERALA
    Court can enforce order of maintenance or interim maintenance only as provided u/s 125(3) Cr.P.C. and not by striking off contentions of Husband.

    0
  • Yusuf Shah vs Rubi Bano @ Beby & Ors

    Court:Rajasthan High Court
    Sentence of imprisonment only a mode of enforcement of direction to pay amount of maintenance and not as punishment.

    0
  • Babulal vs Smt Manglibai

    Court:Rajasthan High Court
    Earlier application dismissed – Subsequent application for maintenance is not maintainable.

    1
  • Ajay Bhaichandbhai Vora vs. Rupalben Ajaybhai Vora and Ors.

    Court:GUJARAT HIGH COURT
    Maintenance does not include the provision or the right to seek lump sum amount for residential accomodation though the word ‘maintenance’ includes all benefits towards food, lodging, boarding, medicines, clothes, transportation, education, entertainment, etc.

    0
  • Bhagwat Pitambar Borse Vs. Anusayabai Bhagwat Borse

    Court:Bombay High Court
    Cancellation of maintenance order – Divorce on ground of adultery passed in favour of Husband after passing of order of maintenance – Order of cvil court granting divorce on th ground of adultery attained finaliy – It is not necessary for husabnd to lead evidence again in the proceeding before Magistrate to prove adultery on the part of wife – Application for cancellation of order of maintenance allowed.

    0
  • SAVITABEN SOMABHAI BHATIYA Vs. STATE OF GUJARAT & ORS.

    Court:SUPREME COURT OF INDIA
    Legally-wedded wife only and not woman who is treated like one, is entitled to get maintenance from her husband.

    2
  • AMARENDRA KUMAR PAUL Vs. MAYA PAUL & ORS.

    Court:Supreme Court of India
    Maintenance — Grant of, to children — Application for grant of maintenance to children is maintainable till they had attained majority.

    0
  • KRISHAN GOPAL Vs. USHA RANI

    Court:PUNJAB AND HARYANA HIGH COURT
    Code of Criminal Procedure, S. 125(1) Explanation (b) and Hindu Marriage Act, Ss. 11, 12, 13 and 25 — Explanation to S. 125(1), Cr.P.C. applies only to divorced wife and not whose marriage is annulled.

    0
  • SMT. RENU Vs. HIRALAL @ HARISH

    Court: MADHYA PRADESH HIGH COURT
    Interim Maintenance : Husband filed Sufficient Material i.e. Decree of Restitution of Conjugal Rights and Execution Proceedings : In all Proceedings Wife did not Appear and Allege that Decree was Obtained by Fraud : Non-applicant Husband made Serious and Conscious Effort for Reconciliation and Keeping and Maintaining Wife but She Denied Flatly. Revisional Court Committed no Error of Law and Fact while Setting Aside Order of Grant of Interim Maintenance.

    0
  • NARESH CHANDRA Vs. MST. RESHMABAI & ANR.

    Court:MADHYA PRADESH HIGH COURT
    Interim maintenance — Applicant accepted the non-applicant as a result of pressure tactics — But, deserted the non-applicant — Application for interim maintenance — Rejected.

    0
  • INDU Vs. SUMANBAI KADU PAWAR & ORS.

    Court:BOMBAY HIGH COURT
    Prime facie marriage appears to be void. No maintenance to wife.

    0
  • ALOK KUMAR JAIN Vs. PURNIMA JAIN

    Court:Delhi High Court
    Hindu Marriage Act, 1955 — Section 24 — Interim Maintenance — Factors to be kept in mind while awarding interim maintenance — Discussed.

    0
  • YASHIKA MEHNDIRATTA Vs. AMIT MEHNDIRATTA

    Court:Delhi High Court
    Maintenance — Non-grant of — Petitioner wife though always willing to join company of her husband and stay in matrimonial home but pressurized by her parents to live with them at her parental house — Husband-respondent cannot be blamed for living separately from his wife as he was always ready and willing to live with her .

    0
  • Dattatrey S/O Champatgir Giri Vs. The State Of Maharashtra

    Court:Bombay High Court
    Grant of maintenance – Where wife has no justification for withdrawal from the company of her husband, grant of maintenance liable to be set aside.

    1
  • JASHOLAL AGRAWALA @ JAIN Vs. PUSPABATI AGRAWALA

    Court: ORISSA HIGH COURT
    Section 125 — Maintenance — Maintainability — Decree by Civil Court — Divorce on the ground of wife’s desertion — Dismissal of the suit filed by the wife — Whether proceedings claiming maintenance maintainable ? (No).

    0
  • BANSHI DAS Vs. JITNI DEBI

    Court:PATNA HIGH COURT
    Section 125(1) and 125(3) — Compromise on application for maintenance — Wife to go to live with husband — Should husband neglect again to maintain her she would be entitled to Rs. 200/- p.m. as maintenance — Wife’s subsequent application for maintenance, alleging husband’s refusal to maintain her — Husband filing counter refuting the allegations — Court allowing fixed maintenance of Rs. 200/- p.m. to wife on perusal of affidavits of the parties — No evidence recorded — Order whether legal and in terms of Section 125(1) or 125(3) of Cr.P.C. ? (No) — Result — Revision allowed — Case remanded for decision after recording evidence.

    0
  • NANDLAL WASUDEO BADWAIK Vs. LATA NANDLAL BADWAIK & ANR.

    Court:SUPREME COURT OF INDIA
    Interest of justice is best served by ascertaining truth — Court should be furnished with best available science and may not be left to bank upon presumptions unless science has no answer to the facts in issue — When there is conflict between a conclusive proof envisaged under law and a proof based on scientific advancement accepted by world community to be correct, latter must prevail over former.

    0
  • SAYYED JABBAR ALI Vs. MST. SAHEBA FATIMA

    Court: BOMBAY HIGH COURT
    Ill-treatment cannot be substantiated on basis of general allegations in absence of any details. Inspite of Decree for Conjugal Rights, Wife Without Justifiable Reason Did Not Join Husband and Cannot Claim Maintenance.

    0
  • BHEEKHA RAM Vs. GOMA DEVI & ORS.

    Court: RAJASTHAN HIGH COURT
    Wife not able to establish that she had been neglected by her husband — She is living with her parents of her own accord — Not entitled to maintenance .

    2
  • CHANDRA MOHAN MAJHI Vs. SMT. KAUSHALYA MAJHI

    Court:CALCUTTA HIGH COURT
    Maintenance –– Without sufficient materials to prove fact — Second party cannot be saddled with responsibility of marriage and maintaining first party –– Party claiming maintenance to prove marriage as per religious rites and custom.

    0
  • Mukesh vs Smt Sangeeta

    Court: Rajasthan High Court
    Wife willingly left Husband and living with some other person alleged to be her new husband. Material made available by husband enough to rebut claim of maintenance.

    2
  • HEM RAJ Vs. URMILA DEVI & ORS.

    Court: HIMACHAL PRADESH HIGH COURT
    Contested proceedings in Civil Court for restitution of conjugal rights — Court coming to a conclusion that wife had no just or reasonable cause to withdraw her society from husband — No subsequent event justifying her staying away — Not entitled to maintenance u/Section 125, Cr. P.C.

    0
  • SHARIF AHMED Vs. IMAMAN BI

    Court:MADHYA PRADESH HIGH COURT
    Wife has no excuse that her salary was not sufficient for her expenses. Maintenance denied to wife.

    0
  • K. SIVARAMA KRISHNA PRASAD Vs. K. BHARATH AND ANOTHER

    Court:ANDHRA PRADESH HIGH COURT
    Section 125(1) and Explanation (b) — Hindu Marriage Act, 1955 — Sections 11, 12 and 16 — At wife’s insistence a decree of annulment of marriage was passed u/s 12 of Hindu Marriage Act — Such wife whether entitled to maintenance u/s, 125 Cr.P.C. ? (No).

    0
  • MUNNA KURAISHI Vs. STATE OF BIHAR & ANR.

    Court:PATNA HIGH COURT
    Financial condition and income of petitioner also required to be properly assessed.

    0
  • RAM PRASAD Vs. GEETA MEHRA

    Court: MADHYA PRADESH HIGH COURT
    Maintenance — Non-entitlement — Perverse orders passed in favour of respondent-wife — Respondent left matrimonial home without any justifiable ground and she refused to come back — Orders passed by Courts below reversed and set aside — Applicant not entitled to get maintenance amount back already paid to respondent in compliance of orders passed by Court below.

    1
  • JEEVAN SINGH Vs. SANGEETA BAI

    Court: MADHYA PRADESH HIGH COURT
    Applicant was neither valid wife of non-applicant, nor she had any reason to live away from her husband, to get any maintenance from her husband — She was not ousted but she herself left house of her husband — ACJM rightly held that applicant was not entitled to get any maintenance, without living with non-applicant — ASJ committed an error in considering overt act of appellant when she was residing with her husband — Order passed by revisionary Court for maintenance set aside.

    1
  • MANDEEP Vs. KAVITA

    Court:PUNJAB AND HARYANA HIGH COURT
    As sufficient evidence regarding income of petitioner not produced, maintenance reduced.

    0
  • VITTHAL HIRAJI JADHAV Vs. HARNABAI VITTHAL JADHAV & ANR.

    Court:BOMBAY HIGH COURT
    Section 125(4) — Maintenance : Husband and wife living separately by mutual consent : Wife loses right to claim alimony from such husband.

    0
  • PENDIYALA SURESH KUMAR RAMARAO Vs. SOMPALLY ARUNBINDU & ANR.

    Court: GUJARAT HIGH COURT
    Petitioner should be given an opportunity to prove his say in the written reply submitted before the learned JMFC and parties should be relegated to the Trial Court for the purpose.

    1
  • MANIK CHOPRA Vs. PRIYANKA CHOPRA

    Court:DELHI HIGH COURT
    Sections 125, 482 — Interim Maintenance — Quantum — Court to take prima facie view and not conduct roving inquiry.

    1
  • BALARAM DASH Vs. SMT. GIJANJALI DASH & ANR.

    Court: ORISSA HIGH COURT
    Wife Refusing to Comply with Decree to Restitution of Conjugal Rights, Will Amount to Refusal on Part of Wife to Live with Husband Without Sufficient Cause: Wife not Entitled to Interim Maintenance.

    2
  • AJAY BHARDWAJ Vs. JYOTSNA & ORS.

    Court:PUNJAB AND HARYANA HIGH COURT
    Maintenance — Live-in relationship — No valid marriage between parties. Children born out of this relationship entitled to receive maintenance.

    0
  • AMARENDRA NATH BAGUI Vs. GOURI RANI BAGUI AND ANOTHER

    Court:CALCUTTA HIGH COURT
    When a wife lives separately by mutual consent can she still claim maintenance under Section 125 of the Cr.P.C. ? (No).

    0
  • MURLIDHAR CHINTAMAN WAGHMARE Vs. PRATIBHA MURLIDHAR WAGHMARE AND ANOTHER

    Court:BOMBAY HIGH COURT
    Wife’s suit for maintenance under Hindu Adoptions and Maintenance Act was dismissed on merits. Her subsequent application under Section 125 Cr.PC liable to be dismissed.

    0
  • RAM PRASANNA DASH Vs. BHABANI DEVI

    Court: ORISSA HIGH COURT
    Wife not entitled to maintenance under section 125 of Crpc when Civil Court has granted a decree declaring the marriage to be null and void.

    0
  • SAROJ BALA @ GEETA Vs. ASHOK KUMAR KALYAN

    Court:PUNJAB AND HARYANA HIGH COURT
    Divorce by mutual consent — Wife residing separately by mutual consent and accepted lump sum amount of maintenance as full and final settlement as paid — Wife not entitled to maintenance.

    0
  • ANITA Vs. RATI RAM CHAUHAN

    Court:Delhi High Court
    Maintenance — Marriage dissolved on ground of cruelty — Finding of civil Court in matrimonial proceeding is binding on criminal Court — Criminal Court is not entitled to question the correctness or validity of civil Court decision — From statements of witnesses, it is clear that claim of petitioner that respondents failed to maintain her and wilfully neglected is not substantiated — Respondent bore the expenses of petitioner’s treatment in hospital and he was not negligent in his responsibilities towards petitioner — Petitioner is paying Rs. 3,000/- p.m. regularly as per directions of civil Court — No infirmity in judgment.

    1
  • KAMLA Vs. STATE OF UTTARAKHAND & ANR.

    Court: UTTARAKHAND HIGH COURT
    Applicant failed to prove she is legally wedded wife. She might be living with him as man and woman, her status is that of concubine or having a live-in relationship. Not granted maintenance.

    0
  • V.K.V. SARMA Vs. INDRA SARMA

    Court: KARNATAKA HIGH COURT
    ‘Relationship in nature of marriage’ and ‘Domestic relationship’ defined. Maintenance not allowed.

    0
  • AMARENDRA NATH BAGUI Vs. GOURI RANI BAGUI AND ANOTHER

    Court: CALCUTTA HIGH COURT
    When a wife lives separately by mutual consent she cannot claim maintenance under Section 125 of the Cr.P.C.

    0
  • L. SRINIVASULU REDDY Vs. L. RAMALAKSHUMMA & ANR.

    Court: ANDHRA PRADESH HIGH COURT
    Determination of quantum of maintenance.

    0
  • RAM KISHORE & ANR. Vs. STATE OF RAJASTHAN & ANR.

    Court: RAJASTHAN HIGH COURT
    Maintenance : Perjury : False affidavit by wife : Cognizance of offence : Scope of Sections 195 and 340, Cr.P.C. : Magistrate before whom claim filed himself took cognizance of perjury : Order unsustainable : Order suffers from basic infirmity, illegality : Matter old one : Not proper to direct Magistrate to file complaint as per provisions of law : Impugned order quashed, set aside.

    0
  • BINDA DEVI Vs. DABBOO YADAV @ SANJEEV YADAV

    Court: DELHI HIGH COURT
    Section 125 — Maintenance — Relationship between parties.

    0
  • GULAB KHAN Vs. NAIRUN NISHA

    Court: JHARKHAND HIGH COURT
    Grant of maintenance without considering paying capacity of Husband — Impugned order is erroneous.

    0
  • ANJUM Vs. YUNUS SALEEM

    Court: DELHI HIGH COURT
    Wife is having sufficient means to maintain herself and availing all facilities at the house of husband. She has sufficient means to lead her life as per social status of husband.

    2
  • AHALYA BARIHA @ BARIHANI Vs. CHHELIA PADHAN

    Court: ORISSA HIGH COURT
    Maintenance — Petitioner’s application for maintenance for the illegitimate child from the opp. party — Trial Courts Order, reversed by Additional Session Judge — Ground — Credible evidence, corroborating the assertions of paternity of the child — Whether correct ? (Yes).

    0
  • ANGREJ SINGH @ ARJAN SINGH Vs. STATE OF PUNJAB & ORS.

    Court:PUNJAB AND HARYANA HIGH COURT
    Magistrate Cannot Impose Imprisonment of More Than One Month for non-payment of maintenance — Power of Magistrate cannot be enlarged.

    0
  • KUTTAPPAN Vs. VIJAYAMMA & ORS.

    Court:KERALA HIGH COURT
    Maintenance : Non-payment : Application has to be Filed within one Year of Amount Becoming Due.

    0
  • MANGILAL Vs. RATNAPRABHA & ANR.

    Court: MADHYA PRADESH HIGH COURT
    Wife had no ground to leave the matrimonial house. Maintenance not allowed.

    0
  • SHIVAJI Vs. ALKA & ANR.

    Court: BOMBAY HIGH COURT
    Minor son not be entitled for maintenance under Section 125, Cr.P.C. from the date on which he attained majority.

    0
  • KUMARI SALON Vs. SURJIT KUMAR RATTI

    Court:PUNJAB AND HARYANA HIGH COURT
    Both father as well as mother in service. Equally liable to support and maintain minor. Bear expenses in equal shares.

    0
  • MUHAMMED Vs. KUNHAYISHA

    Court: KERALA HIGH COURT
    Major unmarried daughter not entitled to claim maintenance from her parents unless her inability to maintain herself attributable to her physical or mental abnormality or injury : Her mere status as unmarried daughter, whatever be her religion, does not entitle her to claim maintenance under Section 125, Cr.P.C.

    0
  • NITHA RANJAN CHAKRABORTY Vs. SMT. KALPANA CHAKRABORTY

    Court:CALCUTTA HIGH COURT
    Major Son not entitled to maintenance.

    0
  • ABDUL MALIK Vs. NASHIM AKHTAR

    Court: GAUHATI HIGH COURT
    Intention and element of permanence construed to be determining factors to identify place to be one of residence of person for purpose of Section 126 CPC.

    0
  • AMOD KUMAR SRIVASTAVA Vs. STATE OF U.P. & ORS.

    Court:ALLAHABAD HIGH COURT
    Grant of maintenance to daughters after attaining majority not permissible since their inability to maintain themselves cannot be attributed to any physical or mental abnormality or injury within meaning of Section 125(1)(c), Cr.P.C.

    0
  • VINITA DEVANGAN Vs. RAKESH KUMAR DEVANGAN

    Court: CHHATTISGARH HIGH COURT
    It is for wife to plead and prove that she was unable to maintain her for grant of maintenance in Section 125.

    0
  • YERRAM VINOD Vs. STATE OF A.P. & ORS.

    Court: ANDHRA PRADESH HIGH COURT
    Major children who through some mental or corporal defect or injury are unable to maintain themselves are entitled to maintenance under Section 125(1)(c).

    0
  • KAMLESH Vs. SITARAM

    Court: RAJASTHAN HIGH COURT
    Wife not able to maintain herself : Word “maintain” used under Section 125, Criminal Procedure Code to be taken in broader sense that petitioner should be able to maintain herself decently to live comfortable life, not necessary luxurious life : Maintenance cannot be denied to wife on ground that she is able to maintain herself.

    0
  • ABDUL RAZAK HAJI GULAMBHAI QURESHI Vs. JOHRABIBI HAJI KALUBHAI QURESHI & ANR.

    Court:PUNJAB AND HARYANA HIGH COURT
    Maintenance to Daughter unjustified. Child born during period of wedlock but without father having access to wife at relevant time. Daughter could not, in the eye of law, have status of even an illegitimate child of husband. Impugned order granting maintenance unsustainable, set aside.

    0
  • IN RE : MD. JAHANGIR

    Court:CALCUTTA HIGH COURT
    Maintenance : Magistrate not permitted to impose sentence for more than one month : Impugned order of Magistrate refusing to release husband /petitioner illegal and same set aside.

    0
  • MERUBHAI MANDANBHAI ODEDARA & ANR. Vs. RANIBEN MERUBHAI ODEDARA

    Court: GUJARAT HIGH COURT
    Maintenance-Quantum Fixation according to income.

    0
  • Palaniammal vs K. Chinnusamy

    Court: Madras High Court
    Lump-sum payment evidenced by a deed. Husband’s obligation to maintain discharged.

    0
  • SAJU SASIDHARAN Vs. DHANYA & ANR.

    Court:KERALA HIGH COURT
    Maintenance pendente lite — Oral request for such relief cannot be entertained by Family Court — Order passed by Family Court granting interim maintenance set aside.

    3
  • ALORA SUNDARAN Vs. MAMMALI SUMATHI & ANR.

    Court:KERALA HIGH COURT
    Magistrate has power to sentence Husband for not more than 1 month if there is default in payment of maintenance.

    1
  • GANGI DEVI Vs. ALAM CHAND

    Court: HIMACHAL PRADESH HIGH COURT
    Wife not entitled to maintenance; if living separately without reasonable cause — Petitioner living separately without any reasonable cause — Not entitled to maintenance.

    2
  • MALAYAIAH Vs. G.S. VASANTHA LAKSHMI & ORS.

    Court:KARNATAKA HIGH COURT
    No maintenance if separation by mutual consent. Wife living separately from her husband by consent–– Cannot enforce her right and ask for maintenance.

    0
  • VITTHAL HIRAJI JADHAV Vs. HARNABAI VITTHAL JADHAV & ANR.

    Court:BOMBAY HIGH COURT
    Husband and Wife living separately by mutual consent. Wife loses right to claim alimony from such husband.

    0
  • VINEETA DEVI Vs. BABLU THAKUR & ANR.

    Court: JHARKHAND HIGH COURT
    Statutory provision by which “Wife” has been defined cannot be liberalized in terms of Section 125, Cr.PC — Statute sanctions an illegitimate child from father is entitled for maintenance but such sanction of maintenance not provided under law in respect of woman not lawfully married with a person.

    0
  • NINAD Vs. SANJAY

    Court:BOMBAY HIGH COURT
    Divorced Wife has enough means to maintain herself, grant of maintenance only to Son.

    0
  • SANGITABEN RASIKLAL JAISWAL Vs. SANJAY KUMAR RATILAL JAISWAL, MEHSANA

    Court:GUJARAT HIGH COURT
    Merely because the husband is possessing valuable movable and immovable properties it is hardly of any relevance in the matter for grant of temporary maintenance.

    0
  • SUSMITA MOHANTY Vs. RABINDRA NATH SAHU

    Court: ORISSA HIGH COURT
    Where order silent about date then maintenance shall be payable from date of order.

    1
  • RINA SARKAR Vs. PARITOSH SARKAR AND ANOTHER

    Court:CALCUTTA HIGH COURT
    Alleged mal treatment/torture not proved by Wife. Maintenance denied.

    3
  • G. Ramanathan vs Revathy

    Court:Madras High Court
    Wife cannot seek the same relief from JM court when matter is pending in Civil Court.

    2
  • DILIP KUMAR Vs. FAMILY COURT, GORAKHPUR

    Court: ALLAHABAD HIGH COURT
    Confinement can be only for Period of One Month Even if Default of Maintenance is of More than One Month. Warrant for Recovery of Unpaid Maintenance to be Executed Like Warrant of Recovery of Fine.

    0
  • Kumaresan vs Aswathi

    Court:Madras High Court
    Condition required for grant of maintenance pendente lite is the party should not have sufficient independent income for her/his support. Maintenance denied to working wife.

    3
  • Gurbinder Singh vs Manjit Kaur

    Court:Delhi High Court
    Wife guilty of contempt of court. Maintenance denied with cost.

    0
  • Sham Sunder vs Kailash Rani

    Court:PUNJAB AND HARYANA HIGH COURT
    Order under Section 127 CrPC for enhancement of maintenance allowance being a judicial order has to be passed only after summoning the opposite party.

    0
  • V.P. Shivanna vs Smt. Bhadramma

    Court: Karnataka High Court
    Issue of salary attachment warrant – Validity.

    1
  • Dr. E. Shanthi vs Dr. H.K. Vasudev

    Court:Karnataka High Court
    Wife was qualified and working before marriage. She is capable of earning, hence maintenance declined.

    6
  • YAMUNABAI ANANTRAO ADHAV Vs. ANANTRAO SHIVRAM ADHAV AND ANOTHER

    Court:SUPREME COURT OF INDIA
    Personal Law to be considered while deciding CrPC 125.

    0
  • Deb Narayan Halder vs Smt. Anushree Halder

    Court:Supreme Court of India
    Wife who leaves matrimonial home without any justification is not entitled to maintenance under Section 125.

    2
  • GLORIO FABIANO DIAS Vs. STATE OF GOA & ANR.

    Court:BOMBAY HIGH COURT
    Liability of husband to pay maintenance arises only if wife is not able to maintain herself.

    2
  • RAJESH R. NAIR Vs. MEERA BABU

    Court:KERALA HIGH COURT
    Wife living separately from husband, by mutual consent.Claim for maintenance and interim maintenance filed by Wife hit by Section 125(4). Claims not maintainable.

    0
  • RAJIV GUPTA Vs. KUMARI DIMPLE GUPTA

    Court:HIMACHAL PRADESH HIGH COURT
    No Proof that Daughter is Illegitimate Child. Evidence of Mother Remained Uncorroborated by Direct Evidence or by Circumstantial Evidence. Impugned Order For Grant of Maintenance Set Aside.

    0
  • THULASI BAI Vs. C.V. MANOHARAN AND OTHERS

    Court:KERALA HIGH COURT
    No ground to award maintenance to Wife because of the decision in Second Appeal confirming the decree passed by the lower Appellate Court annulling the marriage.

    0
  • PUNNAKKAL SREEDHARAN Vs. VELLALI PADMINI & ORS.

    Court:KERALA HIGH COURT
    To claim maintenance it is mandatory to establish due performance of marriage as per personal law.

    0
  • SHER SINGH Vs. RAJWINDER KAUR

    Court:PUNJAB AND HARYANA HIGH COURT
    Interim maintenance granted to Wife under section 9. Wife had herself withdrawn from society of Husband. Husband justified in applying for revoking order u/Sec. 127(2).

    2
  • RADHEY SHYAM & ORS. Vs. MEERA DEVI & ANR.

    Court: RAJASTHAN HIGH COURT
    Karta of H.U.F. may be under statutory obligation to maintain disqualified member of H.U.F. and his wife and minor children. But summary proceedings contemplated in Section 125, Cr.P.C cannot be invoked against Karta.

    0
  • ANIL JAIN Vs. SHILPA JAIN

    Court: MADHYA PRADESH HIGH COURT
    Future salary is not tangible corporeal property available for seizure. Only when salary became payable and takes shape of tangible corporeal property it can be attached for realization of arrear as well as current maintenance.

    0
  • POONAM KHANNA Vs. V.P. SHARMA & ANR.

    Court:Delhi High Court
    Petitioner wife concealed material fact of her being employed and earning her livelihood. Interim Maintenance set aside.

    0
  • PARMANAND MISHRA Vs. REKHA MISHRA

    Court:PUNJAB AND HARYANA HIGH COURT
    Decree of restitution of conjugal rights in favour of the husband. Interim maintenance should not be endorsed.

    0
  • PAWAN KUMAR GUPTA Vs. DEVANTI DEVI

    Court: JHARKHAND HIGH COURT
    Family Court directed to pass fresh judgment in accordance with law taking into consideration all materials brought on record by Husband.

    1
  • A. JAGADISHWARI & ORS. Vs. A. BIKSHAPATHY & ANR.

    Court:ANDHRA PRADESH HIGH COURT
    No Maintenance If Wife “Living In Adultery”. It is not a stray act or two of adultery that disentitles wife from claiming maintenance from her husband. But it is course of continuous conduct on her part by which wife can be called leading adulterous life taking away her right to claim maintenance.

    0
  • SUTAPA BANERJEE Vs. STATE OF JHARKHAND & ANR.

    Court: JHARKHAND HIGH COURT
    Wife is not willing to live with her Husband without any reasonable cause. While Husband is always ready to keep Wife. No maintenance to Wife.

    0
  • KANTABEN MAFATLAL Vs. GOVINDBHAI MANUBHAI PATNI & ORS.

    Court:GUJARAT HIGH COURT
    Keeping poor and unemployed husband in jail indefinitely, can never resolve maintenance deadlocks between Husband and Wife. Husband not able to maintain his wife and children because no fault of him. Husband can never be sent to jail to serve imprisonment.

    2
  • AMIT KUMAR DAS Vs. BASANTI GIRI & ANR.

    Court:CALCUTTA HIGH COURT
    Magistrate is bound to justify his decision directing Husband to pay maintenance from date of application, even though no special reasons are required.

    0
  • ROHTAS SINGH Vs. SMT. RAMENDRI & ORS.

    Court:SUPREME COURT OF INDIA
    Three Circumstances on Account of which Wife is not Entitled to Claim Maintenance Allowance from her Husband — Explained. All the circumstances contemplated presuppose existence of matrimonial relations. Provision applicable where marriage between parties subsists and not where it has come to end.

    0
  • NEETA RAKESH JAIN Vs. RAKESH JEETMAL JAIN

    Court:Supreme Court of India
    Maintenance pendente lite and expenses of proceedings — Although discretion conferred on Court is wide, Section provides guideline in as much as while fixing interim maintenance Court has to give due regard to income of Husband and Wife’s own income.

    0
  • DURG VIJAI YADAV Vs. STATE OF U.P. & ANR.

    Court: ALLAHABAD HIGH COURT
    Grant of Maintenance — From date of filing application. Express orders are necessary and no special reasons are required to be recorded by Court.

    0
  • LEELABAI Vs. KAILASH CHANDRA

    Court: MADHYA PRADESH HIGH COURT
    Application for recovery of Maintenance amount to be made within one year from date on which it became due.

    0
  • Bhausaheb @ Sandu S/O Raghuji Vs. Leelabai W/O Bhausaheb Magar

    Court:Bombay High Court
    No Permanent Alimony in Sec 11, Permanent Alimony may be asked in sec 12.

    2
  • Bhagwan Raoji Dale vs Sushma Alias Nanda Bhagwan Dale

    Court:Bombay High Court
    Deserting wife not entitled to maintenance u.s 125 CrPC. Not entitled after divorce also.

    0
  • Bhagwan Dutt vs Kamla Devi And Anr

    Court:Supreme Court of India
    Separate income of the wife can be taken into account in determining the amount of maintenance payable to her.

    0
  • Bai Bhanbai Mavji vs Kanbi Karshan Devraj

    Court:Gujarat High Court
    Wife not eligible for Maintenance if it falls under HMA 11.

    0
  • B.Prakash Vs. Deepa

    Court:Madras High Court
    DV and 125 can’t be filed on the same set of allegations and cause of action.

    6
  • Ashok Yeshwant Samant vs Smt. Suparna Ashok Samant

    Court:Bombay High Court
    Recovery under 125(3) are independent of 127, thus Husband cannot be directed to deposit the arrears as condition to proceed with his application of 127.

    1
  • ABBAYOLLA M. SUBBA REDDY Vs. PADMAMMA

    Court:ANDHRA PRADESH HIGH COURT
    Permanent Alimony and Maintenance : Cannot be Granted Under Section 25, Hindu Marriage Act in Proceedings Under Section 18, Hindu Adoptions and Maintenance Act. Section 25, H.M. Act should not be construed as entitling woman whose marriage is nullity to maintenance under said provision. Where marriage admittedly is nullity, Section 25 will have no application. Maintenance under Section 25 can be granted only in proceedings under Sections 9 to 14 of Hindu Marriage Act.

    0
  • DHAREPPA Vs. RENUKA

    Court:KARNATAKA HIGH COURT
    Application for execution of maintenance order made after expiry of period of one year from date of vacation of stay, warrant cannot be issued for recovery of arrears falling beyond one year from date of application. Wife not entitled to recovery of such arrears.

    0
  • KUSUM SHARMA Vs. MAHINDER KUMAR SHARMA

    Court:DELHI HIGH COURT
    Affidavit of assets, income and expenditure should be filed simultaneously by both parties, after completion of pleadings in maintenance application, to avoid any undue advantage to party who files his/her affidavit of assets, income and expenditure later. Simultaneous filing of affidavit after completion of pleadings in maintenance application would also give reasonable time to parties to prepare their affidavits and compile the relevant documents and would avoid delays.

    1
  • TRIPTI CHAKRABORTY Vs. ANJAN CHAKRABORTY

    Court:CALCUTTA HIGH COURT
    Post held by Husband and monthly salary are important factors to be considered in determination of amount of maintenance.

    0
  • SHAKUNTALABAI Vs. NAND KISHORE JOSHI

    Court:MADHYA PRADESH HIGH COURT
    Husband having two houses, cannot be sent to jail for execution of maintenance order.

    0
  • BHUPINDER SINGH Vs. DELHI COMMISSION FOR WOMEN & ORS.

    Court:Delhi High Court
    No power granted to Commission to pass orders and/or directions for maintenance. These powers vested in Courts, both Criminal and Civil — Rights and obligations in respect of maintenance pertaining to Hindus to be determined under Hindu Adoptions and Maintenance Act and for immediate relief enacted Section 125, Cr.P.C. to provide interim maintenance.

    1
  • SANTOSH SHARMA & ORS. Vs. STATE OF RAJASTHAN & ANR.

    Court:RAJASTHAN HIGH COURT
    No evidence available on record to show standard of living to which respondent wife was accustomed during period in which she lived with her husband. In absence thereof it cannot be said that salary which respondent wife is getting is not sufficient for her proper maintenance.

    1
  • ASHISH BHARTI Vs. MEETA SACHDEV

    Court:DELHI HIGH COURT
    Impugned order passed mechanically by apportionment of income pie overlooking cost of living for stay abroad. No basis for assessing alleged income of Husband in Indian currency without realising when he was earning in Dirham, he ought to be spending for his stay in Dubai in Dirham and cost of living being high there. Approach of Family Court casual in assessing income and expenditure of spouses. Impugned order set aside.

    0
  • RITA DEY CHOWDHURY NEE NANDY Vs. Dr. KALYAN DEY CHOWDHURY

    Court:CALCUTTA HIGH COURT
    Provident Fund contribution of husband should not be deducted from husband’s salary to arrive at his income for fixing quantum of maintenance.

    0
  • MAMTA RAI Vs. YOGENDRA KUMAR RAI

    Court:UTTARAKHAND HIGH COURT
    Wife having independent source of earning, not entitled for any benefit under Section 24 of Act.

    1
  • CHHOTU SINGH & ANR. Vs. SMT. RAMDINI

    Court:RAJASTHAN HIGH COURT
    Increased amount of maintenance shall be taken from the date of passing of order and not from date of application.

    0
  • S. VIJAYA & ORS. Vs. S. DHARMARAJU & ANR.

    Court:ANDHRA PRADESH HIGH COURT
    In absence of any specific direction to pay maintenance from date of order or application, It should be construed that payment of maintenance is from date of order in view of Section 125(2), Cr. P.C. If Court intended to pass order for payment from date of application it should be stated in order.

    0
  • MOHANDAS Vs. JAYANTHI

    Court:KERALA HIGH COURT
    Precautions and procedures to be taken while enforcement of maintenance order.

    0
  • SURENDRA SINGH Vs. SHAKUNTALA DEVI & ORS.

    Court: UTTRANCHAL HIGH COURT
    Effective date of payment for maintenance, Date of order in normal circumstances however, in extraordinary circumstances it may be ordered to be paid from date of application. Court below gave no reason for allowing interim maintenance from date of application. Impugned order modified to extent that husband will pay interim maintenance from date of order and not from date of application.

    1
  • SANJAY BHARDWAJ & ORS. Vs. STATE & ANR.

    Court: DELHI HIGH COURT
    Domestic Violence Act does not create any additional right in favour of wife regarding maintenance. The Act is silent about duties of husband and wife. No law provides that a husband has to maintain a wife, living separately, irrespective of fact whether he earns or not. Court cannot tell husband that he should beg, borrow or steal but give maintenance to wife, more so when both are equally qualified and capable of earning. Fixing of maintenance by Court without there being even proof of husband being employed in India is contrary to law. An unemployed husband holding an MBA degree cannot be treated differently to an unemployed wife also holding MBA degree. Both are on equal footing, one cannot be asked to maintain other unless one is employed and other is not employed. Parents cannot be burdened to maintain husband and wife. Orders passed below set aside.

    3
  • RATHINA MARIE PREMA & ANR. Vs. MARCEL FERNANDOS

    Court:MADRAS HIGH COURT
    Divorce between Husband and Wife on the basis of joint memo, wherein the wife had waived her claim for maintenance. Wife not entitled to claim maintenance unless order in divorce is set aside Order not binding on minor son. Minor son entitled to maintenance.

    0
  • S.T. PRABHAKAR Vs. SECRETARY OF GOVERNMENT HOME DEPARTMENT, FORT ST. GEORGE & ORS.

    Court: MADRAS HIGH COURT
    Distress warrant for realisation of maintenance amount to be issued only when the defaulter has failed to comply to the order without sufficient cause.

    0
  • SALAM Vs. AYISHA & ANR.

    Court:KERALA HIGH COURT
    Dispute regarding paternity — DNA test answered against petitioner — Claimant submitted she has no further evidence — Learned Counsel for petitioner submits petitioner wants evidence to be adduced — Even assuming erroneous submission made before Family Court Judge that petitioner has no evidence to adduce, humane and reasonable view be taken — Petitioner may be granted one further opportunity to adduce evidence on his side — Interests of justice will be served ideally by granting petitioner further opportunity to adduce all such evidence he wants to adduce on next date of posting subject to appropriate conditions.

    0
  • C. SUBRAMANYAM Vs. C. SUMATHI & ANR.

    Court:ANDHRA PRADESH HIGH COURT
    Magistrate has no power to dismiss petition under Section 125, Cr.P.C. for default : For any reason, if it is dismissed, said Court will become functus officio : It has no power to set aside default order, earlier order illegal notwithstanding : Affected party has to take recourse to revisional jurisdiction as contemplated under Cr.P.C.

    0
  • GEETA BARETH Vs. KESHAV PRASAD BARETH

    Court:CHHATTISGARH HIGH COURT
    There is bar of filing appeal against order passed under Chapter IX of Cr.P.C. — In view of specific bar of appeal and fact that order challenged in this appeal has been passed under Chapter IX of Cr.P.C., this appeal is not maintainable — Objections raised by learned Counsel for respondent is unsustainable in the eyes of law — This will not debar appellant to file revision under Section 19(4) of F.C. Act if same is permissible under law.

    0
  • PINKI DAS (SARKAR) Vs. SWAPAN SARKAR

    Court:GAUHATI HIGH COURT
    “Without reasonable excuse”. Clause as engrafted in Section 9, H.M. Act, 1955 and clause “without any sufficient reason” as engrafted in Section 125(4), Cr.P.C., do carry identical meaning and purport but situations or contexts are distinguishable in view of statutory objections.

    0
  • SYED MOHD. GHOUSE Vs. NOORUNNISA BEGUM & ORS.

    Court:ANDHRA PRADESH HIGH COURT
    Court cannot Compel Person to Give Sample of Blood for DNA or Other Test, if that person refuses to give blood sample without any valid reason, Court is at liberty to draw inference as necessary corollary in sequel thereof.

    0
  • MANOJ KUMAR GUPTA Vs. KAMLESH KUMARI & ANR.

    Court:ALLAHABAD HIGH COURT
    Magistrate is fully competent to recover the maintenance amount remaining unpaid from husband and to pay the same to wife. — Magistrate is directed to issue recovery warrant for maintenance amount remaining unpaid and if warrant remains unexecutable by any other reason, then to sentence defaulting husband according to law.

    0
  • JAIVIR Vs. SANTOSH

    Court:PUNJAB & HARYANA HIGH COURT
    Default in paying maintenance allowance — Warrant of arrest cannot be issued as a matter of first resort — Resort prior in point of time, has to be made to attach property.

    0
  • ABDULRAHIMAN Vs. STATE OF KERALA

    Court:KERALA HIGH COURT
    One month’s imprisonment for each month default is not sole criteria which governs Court for imposing maximum punishment to the Husband Court has to exercise its discretion judicially in fixing quantum of punishment.

    0
  • AMOD KUMAR SRIVASTAVA Vs. STATE OF U.P. & ORS.

    Court:ALLAHABAD HIGH COURT
    Wife wilfully disobeys directions given by Court in decree for restitution of conjugal rights cannot claim maintenance allowance from her husband.

    0
  • SUBHASCHANDRA Vs. INDUBAI & ANR.

    Court:KARNATAKA HIGH COURT
    Daughter-in-law as well as Grandson cannot claim maintenance from father in Law and Grandfather under Section 125 of the Criminal Procedure Code.

    0
  • DUGGI VEERAPPA Vs. D. MAHESWARI & ANR.

    Court:ANDHRA PRADESH HIGH COURT
    Daughter-in-law cannot claim maintenance from her father-in-law under Section 125. Indeed, lady would be entitled to maintenance if any in share of property of her late husband.

    0
  • MOHD. ISMAIL Vs. SMT. BILQUEES BANO

    Court:ALLAHABAD HIGH COURT
    Date of payment of maintenance should normally be from the date of order and sufficient reaso should be given if awarded from date of application.

    0
  • BABULI @ RAJKISHORE RANA Vs. PRASANTI @ PURNAMASI RANA & ANR.

    Court:ORISSA HIGH COURT
    No specific instances of ill-treatment to Wife by Husband. No evidence to show that Wife apprehended danger to her life if she would live with her husband. Maintenance order against Husband liable to be set aside — However, maintenance in favour of Son maintained.

    2
  • SUSHILABAI Vs. RAVAN ELJI PATIL & ANR.

    Court:BOMBAY HIGH COURT
    Once a Consolidated Amount is agreed upon and paid by the Husband, The Wife Cannot Claim Periodical Maintenance .

    1
  • RADHESHYAM Vs. SMT. PHOOLWATI

    Court:MADHYA PRADESH HIGH COURT
    If there is Compromise between Parties the Recovery Proceedings Deserve to be Dropped.

    0
  • S. RAGENDRAN Vs. REVATHY

    Court:MADRAS HIGH COURT
    Order of maintenance made — Matter compromised — Lived together for some time. Cannot execute the order of maintenance — No order of cancellation.

    0
  • P.M. DEVASSIA Vs. ANCY & ORS.

    Court:KERALA HIGH COURT
    Civil Court liable to take into account order of maintenance competent to pass under Section 125, Cr.P.C. while considering claim for maintenance in civil suit.

    0
  • SAROJA Vs. JANARDHANAN

    Court:KERALA HIGH COURT
    Change in Circumstances : Finding of Civil Court that Wife and Children not Entitled to Maintenance : Orders of Civil Court have Bearing on Criminal Court : Criminal Court can Vary Its Earlier Order to Grant Maintenance.

    0
  • N.P. ABU Vs. VELLAM THOTTIL ASMA & ORS.

    Court:KERALA HIGH COURT
    Children Entitled to Claim Maintenance, for awarding maintenance to wife living separately, Court to conclude whether she is justified in living separately or not.

    0
  • GOPI Vs. SMT. KRISHNA

    Court:Punjab-Haryana High Court
    Child Born to Wife Long After Divorce : Child is Illegitimate Child of Wife and not Entitled to Maintenance.

    0
  • RAMRATAN Vs. MAYA & ANR.

    Court: BOMBAY HIGH COURT
    Change in circumstances as Husband alleged to have retired from service. Applicant is at liberty to bring change in circumstances to notice of Judge of Family Court concerned and pray for alteration in quantum of maintenance allowance.

    0
  • BHAGWAN RAOJI DALE Vs. SUSHMA @ NANDA BHAWAN DALE & ANR.

    Court:BOMBAY HIGH COURT
    Maintenance : “Wife” Includes Woman Divorced By or Has Obtained Divorce From Her Husband and Has Not Re-married — Two types of divorcee women included in definition of “wife” — One who has been divorced by her husband i.e. divorced unilaterally by her husband under Muslim Personal Law or Customary Law prevalent among Hindus — Secondly, woman who has obtained decree of divorce from competent Court of law by proving ground in her favour.

    0
  • LAXMAN SINGH Vs. STATE OF UTTARANCHAL & ANR.

    Court:UTTARAKHAND HIGHCOURT
    Application for recovery of maintenance allowance beyond 12 months is barred under proviso to Section 125(3), Cr.P.C.

    0
  • VEERABHADRAPPA Vs. SMT. VEDAVATHI

    Court:KARNATAKA HIGH COURT
    Magistrate convinced about prima facie case made out on basis of affidavit in support of I.A. and grants maintenance, Petitioner cannot escape from his liability to pay interim maintenance as ordered.

    0
  • SARADA MAJHI Vs. SANJAYA MAJHI

    Court:ORISSA HIGH COURT
    Maintenance : Realisation of Arrears : In the Name of Liberal Interpretation Period of Limitation Cannot be Ignored or Bypassed.

    0
  • SHANTHA @ USHADEVI AND ANR. Vs. B.G. SHIVANANJAPPA

    Court:Supreme Court of India
    Arrears of maintenance : Bar of limitation : Application shall be made within a period of one year of date when amount became due .

    0
  • NANHI BAI Vs. NETRAM

    Court: MADHYA PRADESH HIGH COURT
    Wife is adultrous, Maintenance denied to her but husband liable of maintaining children.

    0
  • SUKRO DEVI Vs. STATE OF JHARKHAND & ANR.

    Court:JHARKHAND HIGH COURT
    The petitioner wife voluntarily left house of husband without reasonable cause or excuse and refused to live with him without just cause — No infirmity in findings recorded by Trial Court and Revisional Court — No ground to interfere with impugned orders.

    0
  • KOLASANI SIVAKUMARI & ORS. Vs. KOLASANI SAMBASIVA RAO & ORS.

    Court:ANDHRA PRADESH HIGH COURT
    Quantum of maintenance depends upon gathering together of all facts of situation, amount of free estate, past life of married parties and families, etc. — Determination of quantum of maintenance is not left to caprice but to exercise of sound discretion by Court..

    0
  • N. SREE RAMUDU Vs. N. LAHARI

    Court:ANDHRA PRADESH HIGH COURT
    Maintenance of minor female child : Both mother and father of minor child gainfully employed and having equal financial capacity, responsibility to be equally shared.

    0
  • PRABHAKARAN NAIR Vs. PREETHY P. NAIR

    Court:KERALA HIGH COURT
    Any Child, Legitimate or Illegitimate, One of Whose Parents is Hindu by Religion and Who is Brought up as a Hindu is Hindu and Entitled to Claim Maintenance under Act. The Child can Claim Maintenance Either Against Father or Mother.

    0
  • KULWANT KAUR @ PREETI & ORS. Vs. PREM NATH & ORS.

    Court:Punjab-Haryana High Court
    In Maintenance Cause of Action of Wife is against Husband and not Anybody Else i.e. Partners and Co-owners of Property of Husband..

    0
  • NALINI PRAVA BEHERA & ORS. Vs. AKSHAYA KUMAR BEHERA

    Court:ORISSA HIGH COURT
    Perrmanent Alimony and maintenance : Quantum : While deciding amount Social status, economic condition and standard of living of parties should be kept in view : Taking provision of education of children and marriage of female child.

    0
  • VINNY PARMVIR PARMAR Vs. PARMVIR PARMAR

    Court:Supreme Court of India
    Status of wife before marriage is one of the relevant factors for determining amount of maintenance.

    0
  • BHAUSAHEB Vs. LEELABAI

    Court:BOMBAY HIGH COURT
    Status of woman as ‘wife’ not recognised by provisions of Act, which confers right for permanent alimony, she cannot be entertained for grant of relief in absence of recognition of her status by Act. No maintenance granted.

    0
  • CHANDAMMA & ORS. Vs. MUKTABAI & ANR.

    Court:KARNATAKA HIGH COURT
    Second wife not entitled to invoke Section 25 of Hindu Marriage Act to seek maintenance — Section 25 of Hindu Marriage Act cannot be invoked to seek maintenance by either of the spouses of such bigamous marriage.

    0
  • LOKESHWARI Vs. SRINIVASA RAO

    Court:ANDHRA PRADESH HIGH COURT
    Maintenance/Permanent Alimony to Divorced Wife: Factors to be Taken into Consideration — Status of parties, their sources of income and properties, employment are to be taken into consideration — Both husband and wife are doctors — Husband has to maintain his first daughter, his second wife and son born through his second wife — Grant of permanent alimony instead of monthly maintenance just — Same was awarded besides amount already paid by orders of Court during pendency of appeals — Amount towards legal expenses also paid — Pending payment of lump sum amount of permanent alimony, monthly maintenance granted.

    0
  • RUMA CHAKRABORTY Vs. SUDHA RANI BANERJEE & ANR.

    Court:Supreme Court of India
    Wife cannot claim to be directly interested in tenanted suit premises by way of her entitlement towards maintenance which includes residence as per Hindu Adoptions and Maintenance Act : She is not necessary party and her presence not necessary to enable Court effectually and completely to adjudicate all questions involved with suit — Appellant had no right to contest or defend herself nor right to file and prosecute eviction proceedings — No privity of contract between appellant and landlady — Tenancy is in favour of appellant’s husband — Family Court granted decree for divorce on payment of certain sum by way of maintenance — Appellant’s husband-tenant, contesting rent control proceedings and in written statement denied claim of landlady — Landlady not recognized appellant as sub-tenant — Trial Court and High Court committed no jurisdictional error nor acted with material irregularity in dismissing application.

    0
  • RAM LAL Vs. SMT. SURINDER KAUR

    Court:Punjab-Haryana High Court
    Requirement of Court while granting maintenance — To see whether spouse claiming maintenance was earning himself/herself — The other party could not be saddled with monetary burden.

    0
  • MANOKARAN @ RAMAMOORTHY Vs. M. DEVAKI

    Court:MADRAS HIGH COURT
    Wife secured private job and getting salary of Rs. 4,500/- p.m. and staying with her brother : She is having sufficient independent income and cannot be granted interim maintenance.

    0
  • DUDHIBEN MERAKHBHAI Vs. NATHABHAI HAZABHAI & ANR.

    Court:GUJARAT HIGH COURT
    Wife is being supported and maintained by an adulterer — Husband has not sufficient means. Maintenance denied to wife.

    1
  • VIKAS PANDEY Vs. VANDITA GAUTAM

    Court:ALLAHABAD HIGH COURT
    Wife highly educated and more than husband and clearly in a position to earn more. Maintenance is for wife who unable to maintain herself.

    0
  • ABHA ARORA Vs. ANGELA SHARMA & ANR.

    Court:Delhi High Court
    Any claims for residence or maintenance by Wife can only be made against her husband only.

    0
  • BOMMI & ANR. Vs. MUNIRATHINAM

    Court:MADRAS HIGH COURT
    When marriage itself is disputed, DNA test to check the legitimacy of child before passing maintenance award can be demanded and should be allowed.

    0
  • JAYALAKSHMI Vs. KRISHNA PADAYACHI

    Court:MADRAS HIGH COURT
    Woman marrying person while first marriage is subsisting : In law, woman can be given recognition either as wife of man or as his concubine : There cannot be any intermediary clause described as an “illegitimate wife” : Appellant not entitled to maintenance.

    1
  • SMT. KUDUPUDI LAKSHMI VERRA VENKATARATNAM Vs. KUDUPUDI SRI KRISHNA VARA PRASAD & ORS.

    Court:ANDHRA PRADESH HIGH COURT
    Maintenance : Husband Neglects Wife Without Reasonable Cause — Both under Section 125, Criminal Procedure Code and under Section 18, Hindu Adoptions and Maintenance Act, if husband neglects wife without any reasonable cause, wife would be entitled to maintenance — Object of both sections is to provide maintenance to neglected wife — Scope and difference in two sections — Subsequent resumption of cohabitation would not affect decree of maintenance obtained by wife against her husband, unless by mutual consent husband and wife vary or cancel decree or it is cancelled by Competent Court.

    0
  • PRAMOD KAPLISH Vs. SMT. ALKA KAPLISH

    Court:MADHYA PRADESH HIGH COURT
    Circumstances — Statement of assessable income produced by revision petitioner — Proved his income increasing over years — Added circumstance of absence of specific denial in counter — Interim maintenance — Only for future and not past — Quantification made by Trial Court — Not perverse — But for the purpose of quantification granting interim maintenance — Should be governed by averments in plaint, written statement and documentary/oral evidence — Assurance by parties to co-operate with lower Court — Lower Court directed to dispose of suit expeditiously.

    0