The Delhi High Court directed a husband to provide maintenance to his wife and daughter. It emphasized that the custody of one child does not exempt him from supporting his wife and the child living with her.
The Delhi High Court held that a wife cannot be presumed to be earning for interim maintenance without proof. Justice Swarana Kanta Sharma rejected the husband’s claim of nursery teacher employment, noting absence of documentary evidence supporting alleged income.
The Allahabad High Court ruled that a woman cannot claim maintenance under Section 125 CrPC if she lives with another partner while her first marriage remains legally valid. Long-term cohabitation does not grant legal spousal status.
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 Kerala High Court held that a woman’s right to maintenance from her son is independent of her husband’s obligation. The Court ordered a Gulf-based son to pay Rs 5,000 monthly to his 60-year-old mother despite her husband providing support.
The Allahabad High Court has clarified that a wife can file for maintenance under Section 125 CrPC against her minor husband. However, the legal liability to pay arises only after the husband attains the age of majority.
The Madras High Court ruled that under Section 125 CrPC, a man has both a legal and moral duty to maintain his wife and mother for life, recognising their irreplaceable role and invaluable lifelong contribution.
A Delhi family court has ruled that a divorced woman proven to be living in adultery is not entitled to maintenance under Section 125(4) CrPC. The court relied on a DNA test and prior divorce judgment to dismiss her plea.
Delhi High Court ruled that a healthy man can’t avoid paying maintenance by citing joblessness. Rs 50,000 monthly support upheld for wife and child under Section 125 CrPC.
The Patna High Court held that a levirate marriage validated by custom, cohabitation, and social acceptance is legally valid under Section 125 CrPC. The Court emphasized that denying maintenance on technical grounds undermines women’s dignity and children’s welfare.
