The issue before the Bombay High Court was whether the interim maintenance granted to the wife and
the sons were reasonable and if they were excessive. In the following case the petitioner submitted the tax
returns of the last 3 years for the determination of the above issue.
However the court held that it would be
Rohtash Singh vs Smt. Ramendri And Ors on 2 March, 2000 : Special Leave Petition (crl.) 2763 of 1999
This Judgement by the Supreme Court revolves around the issue which is whether a wife against whom a decree for divorce has been passed on account of her deserting the husband can claim Maintenance Allowance under Section
The reasons laid
Manokaran @ Ramamoorthy vs M. Devaki on 21 February, 2003 Wherein a wife was earning more than her husband who was himself earning merely Rs. 2000 per month, the Family Court Madras had passed an order wherein the said man was meant to pay Rs. 750 to his wife as interim maintenance. Aggrieved by the said order,
Dipti Mohanty @ Kanungo & Another vs Surya Prakash Mohanty on 12 September, 2014
Wherein the wife had left the company of her husband and he had gotten a decree for restitution of conjugal rights, the wife’s own maintenance application was rejected by the Cuttack Family Court . It is the contention of the husband (the
The Delhi High Court has held that “Family‟, being the natural and fundamental unit of society, is entitled to protection of its integrity against arbitrary interference by the State.” Hence when a Pakistani woman was residing in India on a long term visa, a notice was served on her to leave India within 15 days from
In the case of Tejaswini vs Aravinda Tejas Chandra, the issue which arose was whether the expression unable to maintain herself meant capable of earning. In this case the wife was a holder of a post graduation degree a MBA graduate, and the maintenance under section 125 of the CRPC was dismissed on the above
An advocate discharges professional services. In no way can the services of an advocate be deemed to be termed as commercial, since an advocate renders service, charges fees whereas in a commercial activity there is a practice of business/trade or commerce. The question whether an advocates office requires registration under the Shops and Establishments Act has
Justice Alexander Thomas, in a recent order set aside the order of the family court directing that the wife will not be entitled to maintenance for one incident of adultery relying on the principle of section 125 and section 488 of the code of criminal procedure. In order to disentitle a wife from maintenance it must
The Supreme Court in the case of Lalita Kumari vs State of UP had to decide upon two issues mainly if the police can register a First Information Report (F.I.R) upon their discretion. Secondly,if the police are entitled to check the truthfulness of the complaint. The Supreme Court cleared the divergent opinions of various High Courts
In the case of N. Sreeramudu, S/O. N. Narayana vs Kum. N. Lahari, decided by the Andhra High Court, the issues faced in this case were mainly two : Whether the judgment and decree of the trial Court enhancing monthly maintenance from Rs.250/- to Rs.1500/- to be confirmed or interfered with in the facts and circumstances? If
In the case of Tilak Kumari & Anr. vs Sh. Anand the Delhi High Court had to determine the interim maintenance under section 18 and 20 of the Hindu Adoption and Maintenance Act. The Court relied on the judgement of K Lalchandani vs Smt Meenu Lalchandani as follows: This court held that wife and children have to
The Supreme Court held that a minor child so long as he is minor can claim maintenance from his or her father or mother. Under this Section it is as much the obligation of the father to maintain a minor child as that of the mother. It is not the law that however affluent mother
The Supreme Court in the case of Smt. Jasbir Kaur Sehgal vs The District Judge Dehradun & Ors, faced the issue of fixation of maintenance.
Th Supreme Court held that :
The wife is aggrieved only because of the paltry amount of maintenance fixed by the court. No set formula can be laid for fixing the amount
In the case of Dr. E. Shanthi vs Dr. H.K. Vasudev, the respondent husband had filed for
divorce. the petitioner wife had filed an application under section 24 of the hindu marriage
act for interim maintenance of Rs 5000 per month and litigation expenses of 50,000/.
The above application under section 24 was dismissed by the
The quantum of maintenance awarded to the wife who is working was reduced as it was an admitted fact that the husband was also paying a maintenance amount to his mother which equaled around Rs. 5000 and the wife was a working woman. The maintenance amount was reduced from 6000 to 5000 per month.