The Allahabad High Court held that strict proof of marriage should not defeat a maintenance claim where parties lived as husband and wife, setting aside a family court order that denied maintenance solely for want of legal marriage.
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 Allahabad High Court held that a mother’s alleged remarriage cannot defeat the independent statutory right of minor children to claim maintenance from their biological father, reaffirming that a father’s obligation to maintain his children continues regardless of matrimonial disputes or changes in the mother’s marital status.
Kerala: The Kerala High Court recently ruled that a wife’s temporary job and income from it do not disqualify her from seeking maintenance under Section 125 of the Code of Criminal Procedure (CrPC). Justice Kauser Edappagath, while delivering the judgment, referred to earlier decisions from the Supreme Court and emphasized that a wife, regardless of her employment or income, is entitled to maintenance if her earnings do not support the standard of living she enjoyed while living with her husband.
