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.”
Kerala High Court ruled that an unemployed, highly qualified wife cannot be denied maintenance merely for her earning potential. Section 125 CrPC ensures actual inability to sustain, granting maintenance until she earns enough to support herself, said the court.
The Madras High Court ruled that making unproven sexual allegations against a husband and his father causes mental cruelty and can be valid grounds for seeking divorce under the law.
The Bombay High Court has recently delivered a significant judgment affirming that a divorced Muslim woman retains her right to maintenance from her first husband, as per the Muslim Women (Protection of Rights on Divorce) Act, 1986 (MWPA), even if she remarries. This ruling was made by Justice Rajesh Patil, who clarified that the absence […]
