A technical objection cannot defeat a child’s claim: under Section 125 CrPC, a maternal grandmother who has the child in her care can seek maintenance for her, the Madhya Pradesh High Court has ruled, even though she was never appointed guardian. Jabalpur: Sending a minor girl’s plea for interim maintenance from her father back for […]
Rs 1,03,382 a month, paid voluntarily, has weighed against a husband in the Karnataka High Court, which held that a man who supports his wife without any court order cannot later claim inability to pay, and dismissed his writ petition with costs of Rs 2 lakh. Bengaluru: Dismissing a husband’s challenge to an interim maintenance […]
The Delhi High Court has dismissed Annu Garg’s revision seeking a higher interim maintenance than the Rs 15,000 a month fixed by the Family Court, holding that bank transactions cannot, without examining their nature and source, be treated as the husband’s monthly disposable income, and that maintenance is not a fixed percentage of income.
The Karnataka High Court has quashed domestic violence proceedings against a woman’s elderly parents-in-law, holding that, in the absence of specific allegations of domestic violence against them, continuing the case would be an abuse of process. The Court, however, allowed the proceedings and an order of Rs 7,000 monthly interim maintenance to continue against the husband, finding sufficient material and that the wife was unable to maintain herself.
The Karnataka High Court ruled that maintenance cannot be granted to wives automatically without examining financial circumstances. Justice Chillakur Sumalatha said courts must consider income, independence and responsibilities of both spouses before passing orders, setting aside a direction requiring a husband to pay Rs 20,000 monthly.
The Nagpur Bench of the Bombay High Court partly allowed a husband’s writ petition, reducing interim maintenance from Rs.1,00,000 to Rs.75,000 per month. The Court clarified that only actual income, not non-income-generating assets, should be considered under Section 24 of the Hindu Marriage Act while deciding maintenance pendente lite.
