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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 .November 15, 201700NANHI BAI Vs. NETRAM
Court: MADHYA PRADESH HIGH COURT
Wife is adultrous, Maintenance denied to her but husband liable of maintaining children.November 14, 2017SUKRO 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.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, 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
