Some years back, I was sucked into the labyrinth of Indian Matrimonial laws and a false 498a in particular. To be fair, before it hit me, it was difficult for me to fathom the wide spread misuse of dowry laws and specially 498a in India.
CONSULTATION
Summary The Allahabad High Court ruled that an earning wife cannot claim maintenance from her husband. The court made it clear—men are not ATM machines and should not be forced to pay maintenance when the wife is fully capable of supporting herself. This is a huge victory for men, as it stops financially independent women […]
Summary The Orissa High Court refused to reduce the ₹15,000 per month maintenance that Bhupendra Singh Notey was ordered to pay his estranged wife and daughter. He argued he was unemployed and couldn’t afford it, but the court ruled that he was capable of earning and must continue payments. The judgment highlights how men often […]
Court: Orissa High Court Bench: Justice G. Satapathy Bhupendra Singh Notey vs Gagandeep Kaur on 30 January, 2025 Law Point: The Orissa High Court criticized educated men who stay jobless to avoid maintenance and rejected the husband’s plea in this case. JUDGEMENT 1. This writ petition by the petitioner-husband is directed against the impugned order dated […]
Court: Family Court of Gurugram XXXXXXXX vs XXXXXXXXXXX Law Point: Maintenance Denied to Wife as She Had Taken Money from Husband During Marriage JUDGEMENT 1. This order of mine shall dispose of an application filed by applicant-respondent-wife for grant of interim maintenance u/s 24 of Hindu Marriage Act, 1955. 2. It has been vehemently contended […]
Court: High Court At Calcutta Bench: Justice Suvra Ghosh Vishnu Saraf Vs Aashita Singhania Nee Saraf on 10 January, 2025 Law Point: Earning Wife who takes half money of Settlement is not entitled for maintenance u/s 125 CrPC JUDGEMENT 1. The petitioner who is the husband of the opposite party is aggrieved by the order […]
Court: JHARKHAND HIGH COURT Bench: JUSTICE H.C. Mishra SUTAPA BANERJEE Vs. STATE OF JHARKHAND & ANR. On 12 April 2012 Law Point: 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. JUDGEMENT 1. Heard learned Counsel for both the […]
Finding this one was pure providence. In the Kusum Sharma judgment, the Hon’ble High Court of Delhi had mandated that an affidavit from both parties should accompany all maintenance and divorce cases filed in Delhi. This exhaustive affidavit covers many aspects of a person’s income, education, employment and lifestyle. While delivering this judgment, Justice J […]
Maintenance is a noun that, in legal parlance, means the amount provided to distressed wives, children, or parents for their upkeep, support, or subsistence. This is a benevolent provision of law, as the law says that no person shall leave his wife, children or old parents at the mercy of others and unattended by him; […]
Pardon me for paraphrasing a well-known maxim- ‘rex non potest peccare’ or ‘the King can do no wrong’ to suit the context, but allow me to elaborate. ‘Sovereign immunity’ is a legal doctrine by which the King/ Crown/ President/ State cannot commit a legal wrong, i.e. they are immune from civil suit or criminal prosecution. The […]
How Courts Decide Maintenance Over and over again, whenever there is a dispute in the marriage, one question arises. How much maintenance has to be given to the wife? The question also takes many shapes, from I earn X amount, how much maintenance I have n children, how much maintenance She file for divorce, so […]