Rs 7,000 a month each for a daughter and a son stays in place, and a separate remedy under the Hindu Adoptions and Maintenance Act does not bar a major unmarried daughter from claiming maintenance under Section 125 CrPC, the Bombay High Court has held in dismissing a father’s revision. Nagpur: Dismissing a schoolteacher’s challenge […]
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 […]
The Kerala High Court has held that a 50% maintenance deposit as a condition for condoning delay cannot ordinarily be imposed on an appellant, since it fetters the statutory right of appeal. Kochi: The Kerala High Court has set aside a Sessions Court order that refused to condone delay in a domestic violence appeal because […]
A disability certificate did not end a man’s duty to pay Rs 10,000 monthly maintenance, the Kerala High Court has held, upholding the sum for the ex-wife of a man paralysed by a stroke and rejecting his plea that he cannot earn and married only to get a maid for himself and his mother. Ernakulam: […]
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 […]
Wife’s Maintenance cannot be escaped by pointing to the husband’s physical disability once the Family Court has found that he can afford to pay, the Kerala High Court has held. Kochi: Dismissing a husband’s revision petition against a Family Court order to pay his wife maintenance of Rs 10,000 per month, the Kerala High Court […]
