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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.November 23, 201701SANJAY 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.November 23, 2017RATHINA 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.November 23, 2017S.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.November 23, 2017SALAM 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.November 23, 2017C. 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.November 22, 2017GEETA 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.November 22, 2017PINKI 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.November 22, 2017SYED 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.November 21, 2017MANOJ 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.November 21, 2017JAIVIR 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.November 21, 2017ABDULRAHIMAN 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.November 20, 2017SUBHASCHANDRA 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.November 20, 2017DUGGI 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.November 17, 2017MOHD. 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.November 17, 2017BABULI @ 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.November 17, 2017SUSHILABAI 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 .November 17, 2017RADHESHYAM Vs. SMT. PHOOLWATI
Court:MADHYA PRADESH HIGH COURT
If there is Compromise between Parties the Recovery Proceedings Deserve to be Dropped.November 17, 2017S. 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.November 17, 2017P.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.November 17, 2017N.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.November 17, 2017GOPI 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.November 17, 2017RAMRATAN 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.November 17, 2017LAXMAN 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.November 15, 2017VEERABHADRAPPA 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.November 15, 2017SARADA 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.November 15, 2017SHANTHA @ 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 .November 15, 2017NANHI BAI Vs. NETRAM
Court: MADHYA PRADESH HIGH COURT
Wife is adultrous, Maintenance denied to her but husband liable of maintaining children.November 14, 2017KOLASANI 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..November 14, 2017N. 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.November 14, 2017PRABHAKARAN 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.November 14, 2017KULWANT 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..November 14, 2017NALINI 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.November 10, 2017VINNY 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.October 9, 2017BHAUSAHEB 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.October 9, 2017CHANDAMMA & 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.October 9, 2017SURAJMAL Vs. RUKMINIBAI
Court:MADHYA PRADESH HIGH COURT
Amount of maintenance can be reduced if it is justifiable.October 9, 2017LOKESHWARI 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.October 4, 2017Ruma 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.October 4, 2017RAM 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.October 4, 2017DUDHIBEN 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.October 4, 2017VIKAS 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.September 22, 2017ABHA 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.September 22, 2017BOMMI & 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.September 22, 2017JAYALAKSHMI 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.September 21, 2017SMT. 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.September 21, 2017PRAMOD 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.September 21, 2017
