The Delhi High Court held a husband cannot rely on wife’s inherited property or family gifts to oppose maintenance, stressing her earning capacity. It said, “stridhan or inherited property cannot be treated as income to defeat her claim.”
The Allahabad High Court ruled that a woman’s previous marriage is irrelevant for determining interim maintenance under Section 24 of the Hindu Marriage Act. The court ordered her husband to pay Rs 15,000 per month, emphasizing financial necessity over allegations of deceit or past marital status in maintenance decisions.
A Delhi court ruled that arrears of interim maintenance will commence from when the petitioner files the necessary documents alongside the income affidavit, not from the application date. The court emphasized the requirement of disclosing income and compliance with Supreme Court directives, allowing the petitioner to submit missing documents by day’s end.
The Delhi High Court ruled that child maintenance is a legal obligation, not a charitable act, emphasizing shared parental responsibility. In a case involving a father refusing to pay maintenance, Justice Swarana Kanta Sharma reaffirmed that children should not feel deprived. The judgment highlights the importance of recognizing children’s rights to support and dignity.
The Supreme Court has referred former Jammu and Kashmir Chief Minister Omar Abdullah’s divorce case to mediation following a joint request by their legal representatives. This decision comes after the Delhi High Court dismissed his plea in December. The court has scheduled a review after eight weeks and instructed the mediation process to commence promptly.
The Supreme Court is set to review whether alimony can be awarded when a marriage is declared void under the Hindu Marriage Act, 1955. Conflicting judgments have led to this matter being referred to a larger bench by a Division Bench of Justices Vikram Nath and PB Varale. The issue will be resolved by a three-judge Bench of the Supreme Court.
The Bombay High Court upheld a lower court’s decision, ordering a woman to pay Rs 10,000 per month as maintenance to her unemployed and ill husband. The court dismissed her claim of unemployment due to lack of evidence. The woman’s failure to provide documentation regarding her income and expenses led to her setback in challenging the maintenance order.