The Allahabad High Court held that a husband who conceals his subsisting first marriage cannot evade maintenance by questioning the validity of the second marriage, ruling that Section 125 CrPC does not permit a person to benefit from his own fraud.
The Telangana High Court held that permanent alimony under Section 25 of the Hindu Marriage Act requires a separate application and cannot be granted automatically in divorce proceedings. The Court ruled formal pleading is necessary before awarding maintenance.
The Madhya Pradesh High Court held that a woman married during childhood cannot be denied reasonable maintenance, observing that she was victimised first by child marriage and later by being awarded a meagre maintenance amount. The Court emphasised the need to protect the rights and dignity of women.
The Madhya Pradesh High Court held that prolonged incarceration in maintenance execution cannot become indefinite punitive confinement. It released a man jailed for over five months for unpaid maintenance owed to his wife and children during the case.
Uttarakhand High Court ruled father cannot avoid child maintenance citing mother’s income or liabilities. Justice Ashish Naithani upheld order directing Rs 8000 monthly support under Section 125 CrPC.
The Chhattisgarh High Court upheld a Family Court ruling directing a father-in-law to provide maintenance to his widowed daughter-in-law and her minor daughter. The bench affirmed that the statutory obligation applied despite his appeal before the judges today.
The Allahabad High Court held that a wife cannot claim maintenance under Section 125 Cr.P.C. if her own family members have rendered the husband incapable of earning through criminal acts. The Court upheld the Family Court’s rejection of interim maintenance in such circumstances.
The Bombay High Court held that a government-employed doctor earning Rs 1.38 lakh per month is financially independent and capable of maintaining herself decently and with dignity. The Court therefore set aside the maintenance awarded to her under the Domestic Violence Act.
The Kerala High Court has ruled that a Hindu wife can enforce her right to maintenance against her husband’s immovable property even after it has been sold, provided legal proceedings were initiated earlier or the buyer had notice of her claim.
The Allahabad High Court rules that a wife’s education or potential earning capacity cannot deny her right to maintenance under Section 125 CrPC. The judgment reinforces women’s financial rights and ensures dignity after marital separation.
