The Allahabad High Court has set aside a Family Court order rejecting a woman’s maintenance claim, holding that a divorced wife is entitled to maintenance under Section 125 CrPC as long as she is unable to maintain herself and has not remarried, even where the divorce decree was passed on the ground of her desertion. She is not entitled to maintenance for the period before the decree, but is entitled from the date of divorce, and her minor son is entitled to maintenance until he attains majority. The matter was remitted for a fresh decision.
The Gujarat High Court held that an LLB qualification cannot be used to deny a divorced woman her right to maintenance under Section 125 of the CrPC. The Court stressed that education alone cannot negate financial dependence entirely.
The Supreme Court of India has increased permanent alimony for Rakhi Sadhukhan from Rs 20,000 to Rs 50,000 monthly and mandated a 5% increase every two years. The court also ordered the transfer of her ex-husband’s property, highlighting the importance of marital living standards and providing a significant precedent for future maintenance cases.
