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    • Section 125 CrPC: Can the second wife be entitled to maintenance from her husband?Section 125 CrPC: Can the second wife be entitled to maintenance from her husband?
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maintenance

Case BriefsHigh Courts

Agreement wherein wife relinquish her right to maintenance is unenforceable: Bombay HC

Bombay High Court: A Single Judge Bench comprising of M.S. Sonak, J. held in a petition by relying on several decisions that,

Published on December 27, 2018January 2, 2019By Bhumika Indulia
1 Comment10003 views
Case BriefsHigh Courts

Del HC | Section 498-A IPC is continuing offence; wife not barred to claim maintenance under DV Act even after 3 years

Delhi High Court: A Single Judge Bench comprising of Mukta Gupta, J. dismissed a criminal writ petition filed by the husband praying quashing

Published on December 19, 2018January 18, 2019By Bhumika Indulia
8 Comments10106 views
Case BriefsHigh Courts

Ker HC | Wife cannot be denied maintenance on the sole ground that she is qualified and can maintain herself

Kerala High Court: A Single Judge Bench comprising of Raja Vijayaraghavan V, J. set aside an order of Family Court refusing maintenance

Published on December 19, 2018January 18, 2019By Bhumika Indulia
1 Comment12961 views
Case BriefsHigh Courts

In absence of any defence on record, judgment and decree passed cannot be sustained: Punjab and Haryana HC

Punjab and Haryana High Court: This appeal was preferred before a 2-Judge Bench of Rakesh Kumar and  Anupinder Singh, JJ., against the

Published on December 13, 2018December 28, 2018By Bhumika Indulia
Leave a comment3120 views
Case BriefsHigh Courts

Some guesswork is permissible for calculating income of parties while deciding application under Section 24 of Hindu Marriage Act: Del HC

Delhi High Court: A Division Bench comprising of G.S. Sistani and Jyoti Singh, JJ. dismissed an appeal filed against the order of the

Published on November 20, 2018November 29, 2018By Bhumika Indulia
Leave a comment4182 views
Case BriefsSupreme Court

Proceedings under Section 125 CrPC summary in nature; no strict proof of marriage required: SC

“When the parties live together as husband and wife, there is presumption that they are legally married couple for claim of maintenance

Published on October 26, 2018October 29, 2018By Bhumika Indulia
Leave a comment12857 views
Case BriefsHigh Courts

Husband not allowed to take benefit of non-disclosure of income and defeat legitimate right of wife; no reduction in amount of maintenance: Delhi HC

Delhi High Court: A Division Bench comprising of Sangita Dhingra Sehgal and G.S. Sistani, JJ. dismissed an appeal filed by the husband

Published on August 30, 2018September 3, 2018By Bhumika Indulia
Leave a comment5762 views
Case BriefsHigh Courts

Wife divorced on grounds of desertion entitled to claim maintenance under Section 125 CrPC; husband’s challenge to award of maintenance dismissed

Bombay High Court: A Single Judge Bench comprising of Mangesh S. Patil, J. dismissed a husband’s challenge to the award of compensation

Published on August 28, 2018August 30, 2018By Bhumika Indulia
Leave a comment7314 views
Case BriefsSupreme Court

SC gives quietus to litigation in matrimonial dispute to ensure that parties may live peacefully

Supreme Court: Abhay Manohar Sapre, J. speaking for himself and his brother Judge Uday U. Lalit, gave judgment in a civil appeal

Published on July 26, 2018July 30, 2018By Bhumika Indulia
Leave a comment4605 views
Case BriefsHigh Courts

Estimation of husband’s income is permissible while granting maintenance pendente lite under Section 24 Hindu Marriage Act, 1955

Punjab and Haryana High Court: A Division Bench comprising of M.M.S. Bedi and Anupinder Singh Grewal, JJ. allowed an application filed by

Published on July 12, 2018July 12, 2018By Bhumika Indulia
Leave a comment7590 views
Case BriefsHigh Courts

Section 2(b) of Domestic Violence Act envisages only a minor ‘child’ below 18 years of age

Bombay High Court (Goa Bench): A Single Judge Bench of the Goa Bench comprising of C.V. Bhadang, J. allowed a criminal writ

Published on June 6, 2018June 25, 2018By Bhumika Indulia
1 Comment10283 views
Case BriefsHigh Courts

Section 8(1)(j) of RTI Act, 2005 does not waive the entitlement of a wife to know about husband’s remuneration in light of obtaining maintenance

Madhya Pradesh High Court: While allowing an appeal, the Division Bench of S.K. Seth J., and Nandita Dubey J., decided a writ

Published on May 30, 2018June 25, 2018By Saba
Leave a comment7040 views
Case BriefsHigh Courts

Women governed under Muslim Personal Law have right to recourse under the Protection of Women from Domestic Violence Act, 2005

Bombay High Court: A Single Judge Bench comprising of Bharati H. Dangre, J., has held that the Muslim Personal Law can in

Published on May 16, 2018June 29, 2018By Saba
Leave a comment9018 views
Case BriefsHigh Courts

Under Section 125 CrPC, it is to be seen whether husband neglected the wife and refused to maintain her

Karnataka High Court: A Single Judge Bench comprising of K.N. Phaneendra, J., dismissed a petition preferred against the Order passed by the

Published on May 15, 2018June 19, 2018By Saba
Leave a comment8245 views
Case BriefsHigh Courts

A major unmarried daughter is entitled to maintenance from her father under Section 125 CrPC

Bombay High Court: A Single Judge Bench comprising of Bharati H. Dangre, J., decided a writ petition filed by the petitioner-mother, wherein

Published on April 17, 2018May 30, 2018By Saba
Leave a comment11296 views
Case BriefsHigh Courts

A highly qualified wife is capable of maintaining herself as well as the child

Karnataka High Court: A Single Judge Bench comprising of Vineet Kothari, J., decided a writ petition filed by the petitioner-wife under Article

Published on April 2, 2018By Saba
Leave a comment7418 views
Case BriefsHigh Courts

Senior citizens entitled to institute application seeking eviction of son/ daughter or other legal heir on grounds of ill-treatment or non-maintenance

Delhi High Court: A Division Bench of the Delhi High Court comprising of Siddharth Mridul and Deepa Sharma, JJ., dismissed a Letters

Published on April 2, 2018April 5, 2018By Saba
Leave a comment4012 views
Case BriefsHigh Courts

Husband cannot deny his duty to maintain the wife, neither when she is earning nor after the divorce

Delhi High Court: The Single Judge Bench comprising of I.S. Mehta J., decided upon a case related to the Protection of Women

Published on November 22, 2017By Saba
4 Comments17772 views
Case BriefsHigh Courts

Estranged wife having a source of income is not a ground for reduced maintenance to estranged wife and minor children

Delhi High Court: A Single Judge Bench comprising of I.S Mehta, J, dismissed a revision petition before it against the interim maintenance

Published on November 18, 2017November 20, 2017By Saba
2 Comments5697 views
Case BriefsHigh Courts

Upbringing of children is the responsibility of both parents; extra maintenance awarded to wife for looking after the children alone

Punjab and Haryana High Court: In a recent case before the Court, a wife (appellant) filed an application under Section 24 of

Published on November 10, 2017November 17, 2017By Saba
Leave a comment5860 views

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