The Gauhati High Court upheld a wife’s maintenance claim after challenging a Sessions Court’s denial, which cited contradictions in her testimony. The High Court recognized her valid reasons for separation due to physical harassment linked to her child’s complexion. The dismissal of her claim was reversed, reaffirming her right to maintenance.
New Delhi: The Supreme Court of India ruled that a woman is entitled to claim maintenance from her second husband under Section 125 of the Criminal Procedure Code (CrPC), even if her first marriage is legally still valid. A bench comprising Justices B V Nagarathna and Satish Chandra Sharma upheld the plea of a woman against a 2017 High Court ruling. The High Court had denied her maintenance on the grounds that her first marriage was legally subsisting. However, it had allowed maintenance for the daughter born from her second marriage.
Kerala: The Kerala High Court recently ruled that a wife’s temporary job and income from it do not disqualify her from seeking maintenance under Section 125 of the Code of Criminal Procedure (CrPC). Justice Kauser Edappagath, while delivering the judgment, referred to earlier decisions from the Supreme Court and emphasized that a wife, regardless of her employment or income, is entitled to maintenance if her earnings do not support the standard of living she enjoyed while living with her husband.
The Supreme Court on Tuesday (Dec 17) addressed a matrimonial dispute involving a woman who divorced her husband in 2016 due to cruelty. The Court reinstated her Section 125 CrPC petition for maintenance, directing the family court to reconsider the case. The Supreme Court emphasized the importance of concise legal documents, criticizing a 128-page synopsis submitted by the appellant.
The Madhya Pradesh High Court emphasized that well-educated women should not solely rely on their husband’s maintenance, and marriage should not hinder a woman from seeking employment. The court reduced a maintenance payment from a husband to his wife, stating that she had the capacity to support herself through her education and skills.
The Supreme Court has referred former Jammu and Kashmir Chief Minister Omar Abdullah’s divorce case to mediation following a joint request by their legal representatives. This decision comes after the Delhi High Court dismissed his plea in December. The court has scheduled a review after eight weeks and instructed the mediation process to commence promptly.
On Sunday(14th July),The All India Muslim Personal Law Board (AIMPLB) plans to challenge the Supreme Court’s ruling on maintenance for divorced women after the Iddat period and the implementation of the Uniform Civil Code (UCC) in Uttarakhand. During their working committee meeting, they approved eight resolutions addressing these issues.
The Jharkhand High Court overturned a maintenance order in a landmark case, ruling that Sangeeta Toppo was not entitled to support due to her unjustified separation from her husband, setting a legal precedent. The judgment emphasizes the need for substantiated claims in matrimonial disputes and will have a significant impact on future cases.
