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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

Del HC | While calculating husband’s income for granting maintenance to wife, can husband’s mother who receives her independent pension and rental income be counted as a dependant to be maintained by husband? HC explains

Delhi High Court: Suresh Kumar Kait, J., while addressing a criminal revision petition concerning a matrimonial dispute expressed that: “..husband cannot wriggle

Published on February 18, 2021February 26, 2021By Bhumika Indulia
1 Comment23752 views
Case BriefsHigh Courts

Bom HC | Is it necessary for the wife to file an application for permanent alimony in ‘writing’ under S. 25 of Hindu Marriage Act? Court unfolds dilemma of ‘oral’ & ‘written’ application

Bombay High Court: Pushpa V. Ganediwala, J., addressed the following substantial questions of law: Whether it is necessary for the wife to

Published on February 11, 2021By Bhumika Indulia
Leave a comment18056 views
Case BriefsHigh Courts

Del HC | Can an application under S. 24 HMA survive beyond dismissal of the main divorce proceeding? Read why HC dismissed the application for maintenance pendente lite

Delhi High Court: Prathiba M. Singh, J., dismissed an application filed under Section 24 of the Hindu Marriage Act on finding no

Published on February 5, 2021February 5, 2021By Bhumika Indulia
1 Comment8847 views
Case BriefsHigh Courts

Del HC | What is the scope of power of revision of HC under CrPC? Court discusses while denying interference in matrimonial matter

Delhi High Court: Subramonium Prasad, J., while addressing the present revision petition expressed that: “A court in revision considers the material only

Published on February 3, 2021February 12, 2021By Bhumika Indulia
1 Comment9010 views
Case BriefsHigh Courts

Del HC | Wife denied enhancement of maintenance due to being wealthier than husband || Reasoned Order of HC 

Delhi High Court: Suresh Kumar Kait, J., dismissed a petition seeking enhancement of maintenance granted to a wife. The instant petition was

Published on January 30, 2021February 5, 2021By Bhumika Indulia
2 Comments7635 views
Case BriefsHigh Courts

Del HC | Whether it would be fair to deny compensation for loss of dependency to a parent, who may not be dependent on his/her child at the time of accident per se but would become dependent at his/her later age? HC explains

Delhi High Court: J.R. Midha, J., while addressing a motor accidents claim application decided on the issue whether it would be fair to

Published on January 23, 2021January 29, 2021By Bhumika Indulia
Leave a comment6586 views
Case BriefsTribunals/Commissions/Regulatory Bodies

CIC | Is a legally wedded wife entitled to seek details of income tax returns of her husband under the RTI Act, 2005? Commission answers

Central Information Commission (CIC): Neeraj Kumar Gupta (Information Commissioner) decide whether a legally wedded wife can seek the information regard to income

Published on January 21, 2021February 5, 2021By Bhumika Indulia
1 Comment14360 views
Case BriefsHigh Courts

Madras HC | While protecting an elephant from psychological wound, HC disallows removal of ‘Lalitha’ from caretaker’s custody || Exhaustive analysis of an elephant’s bonding with caretaker

Madras High Court: G.R. Swaminathan, J., while retention of custody of an Elephant named ‘Lalitha’ to her caretaker with whom she had stayed

Published on January 5, 2021January 8, 2021By Bhumika Indulia
Leave a comment3801 views
Case BriefsHigh CourtsTribunals/Commissions/Regulatory Bodies

Yearly Wrap Up | A Reflection on 2020

It’s the last day of 2020, and here we are with the 20 most-read Case Briefs of the SCC Online Blog in

Published on December 31, 2020January 1, 2021By Bhumika Indulia
Leave a comment3443 views
Case BriefsSupreme Court Roundups

Supreme Court year-end roundup| From important judgments to unmissable facts and stories, here’s a comprehensive roundup of all that happened in 2020

2020 has been a year of COVID-19, challenges, and changes. Of many things that this year has taught us, one of the

Published on December 29, 2020January 2, 2021By Prachi Bhardwaj
5 Comments10436 views
Banking and Negotiable InstrumentsHigh Court Round UpLegal RoundUp

2020 Wrap-Up — Family Law & Allied Provisions

In our series of 2020 wrap-ups, let’s revisit and take a dive at some of our stories on family laws and how

Published on December 28, 2020November 26, 2021By Bhumika Indulia
Leave a comment5657 views
Case BriefsHigh Courts

Gau HC | If a woman is divorced, will her status as a wife entitling her to maintenance under S. 125 CrPC change? Read HC’s position

Gauhati High Court: Soumitra Saikia, J., observed that “..a valid decree of divorce by itself is no ground to deny the maintenance to

Published on December 21, 2020January 5, 2021By Bhumika Indulia
3 Comments9984 views
Case BriefsSupreme Court

Daughter-in-law’s right to residence under DV Act versus right of in-laws to seek eviction under Senior Citizens Act, 2007| Here’s how SC solved the conundrum on these competing interests

“Rights in law can translate to rights in life, only if there is an equitable ease in obtaining their realization.”

Published on December 16, 2020December 16, 2020By Prachi Bhardwaj
Leave a comment14560 views
Case BriefsHigh Courts

Bom HC | If the wife is earning something for livelihood, can the same be a ground to refuse alimony under S. 24 of Hindu Marriage Act? Read Court’s ruling reiterating SC’s decision

Bombay High Court: Mangesh S. Patil, J., in the present application directed the husband to pay an amount of Rs 10,000 towards alimony

Published on December 14, 2020December 17, 2020By Bhumika Indulia
Leave a comment10087 views
Case BriefsHigh Courts

Del HC | Central Government and/or prescribed officer draw power to award maintenance to wife and children of Air Force personnel from provisions of Air Force Act

Delhi High Court: The Division Bench of Rajiv Sahai Endlaw and Asha Menon, JJ., while addressing the instant matter, observed that: The wife

Published on December 10, 2020December 17, 2020By Bhumika Indulia
Leave a comment3322 views
Case BriefsHigh Courts

Guj HC | Will permanent alimony granted to a Muslim woman be conditional to her remarriage? Detailed report untangling significance of ‘Permanent Alimony’ & ‘Periodical Maintenance’

Gujarat High Court: The Division Bench of J.B. Pardiwala and Vireshkumar B. Mayani, JJ., while addressing the issue of grant of permanent alimony

Published on December 7, 2020May 26, 2022By Bhumika Indulia
Leave a comment7911 views
Case BriefsSupreme Court Roundups

Supreme Court Monthly Roundup – November 2020

TOP STORIES Maintenance of wife|Husband doesn’t have to pay maintenance in each of the proceedings under different Maintenance laws [Explainer on Supreme

Published on November 30, 2020December 19, 2020By Prachi Bhardwaj
1 Comment4738 views
Case BriefsHigh Courts

Bom HC | Whether unmarried daughter who is major by age, entitled to claim maintenance from father till her marriage? HC explains law in light of Hindu Adoption & Maintenance Act

Bombay High Court: Nitin W. Sambre, J., while setting aside the orders pronounced by the Courts below observed that, “the law already gives

Published on November 28, 2020December 11, 2020By Bhumika Indulia
1 Comment10482 views
Case BriefsHigh Courts

Del HC | Is it lawful for a wife to agree to a settlement deed in the process of dissolving of marriage wherein she settles that her minor children will not claim maintenance in future? Court explains

Delhi High Court: Anu Malhotra, J., addressed a matter wherein the husband and wife reach a settlement and the wife agrees to

Published on November 26, 2020December 20, 2020By Bhumika Indulia
Leave a comment6139 views
Case BriefsHigh Courts

Kar HC | Is petition under S. 125 CrPC maintainable when an order of compensation has been granted under Protection of Women from Domestic Violence Act, 2005; Petition allowed

Karnataka High Court: Jyoti Mulmani J., allowed the revision petition on grounds of failure to ascertain and understand the material propositions involved

Published on November 17, 2020November 17, 2020By Editor_4
Leave a comment4992 views

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