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.
The Delhi High Court ruled that a homemaker with no taxable income cannot be compelled to file Income Tax Returns to prove unemployment. The Court held that the absence of ITRs does not defeat a statutory claim for maintenance.
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.”
The Kerala High Court ruled that a divorced Muslim woman cannot claim maintenance from her ex-husband without proving the dissolution of her intervening marriage under the Halala doctrine. The court set aside the previous Family Court maintenance order.
A couple from Gujarat ended their 23-year marriage after a long dispute over eating onion and garlic, leading the High Court to uphold their divorce. Judges agreed the prolonged conflict over dietary choices made the relationship irreparable today.
Kerala High Court rules that a wife cannot be denied maintenance simply because she is capable of earning. Even if she works occasionally, she is entitled to financial support if her income is insufficient for her and her children.
The Allahabad High Court ruled that a wife who voluntarily leaves her husband due to financial incompatibility cannot claim maintenance under Section 125 CrPC, especially if there’s evidence of remarriage or misleading documents.
