Dismissing a man’s revision, Justice Sunder Mohan of the Madras High Court upheld a family court order granting Rs 1 lakh monthly maintenance to a woman and Rs 1.5 lakh for their minor son, holding that proof of marriage under Section 125 CrPC need not meet the standard of a bigamy trial.
The Allahabad High Court has dismissed Mohammad Kamil’s criminal revision against an order directing him to pay Rs 3,500 a month to his wife under Section 125 CrPC, holding that a husband capable of earning cannot escape maintenance by pleading that he has no job or that his business is doing poorly.
The Allahabad High Court has dismissed a husband’s revision against a Sambhal Family Court maintenance order, holding that Instagram chat printouts without a Section 65-B certificate are inadmissible, and that text messages alone, without proof of cohabitation, cannot establish that a wife is ‘living in adultery’.
The Telangana High Court has quashed maintenance proceedings under Section 125 CrPC against a 69-year-old mother-in-law, holding that the provision creates no liability on a mother-in-law to maintain her widowed daughter-in-law or the children of her deceased son, while noting that other remedies remain open.
The Allahabad High Court has set aside a Family Court order rejecting a woman’s maintenance claim, holding that a divorced wife is entitled to maintenance under Section 125 CrPC as long as she is unable to maintain herself and has not remarried, even where the divorce decree was passed on the ground of her desertion. She is not entitled to maintenance for the period before the decree, but is entitled from the date of divorce, and her minor son is entitled to maintenance until he attains majority. The matter was remitted for a fresh decision.
The Customs department argued that an importer whose goods were held to be ‘prohibited’ should have appealed rather than approached the High Court. The Calcutta High Court held the writ maintainable, observing that where a statutory authority steps outside objective law into subjective morality and affects the fundamental right to trade, the court will not turn the litigant away. It expressed no view on the merits.
A woman sought a direction to the Family Court to decide her maintenance execution case quickly. The Allahabad High Court declined, observing that she was pursuing maintenance across multiple forums without seeking divorce or restitution, and that multiplying non-compulsive litigation adds to the burden on overstretched Family Courts.
The Patna High Court held that a Section 125 CrPC maintenance order and voter-list entries cannot prove a valid Hindu marriage absent proof of saptapadi and essential ceremonies. Patna: The Patna High Court has held that a woman failed to establish that she was the legally wedded wife of her late husband’s younger brother, ruling […]
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 Delhi High Court dismissed a husband’s appeal against his contempt conviction, holding that ongoing settlement negotiations cannot excuse non-compliance with binding court orders. The Court upheld directions concerning his passport and reaffirmed the obligation to fulfil maintenance-related financial responsibilities pending resolution of disputes.
