You decide! I have made the relevant points in bold below: PGK IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE Writ Petition No.5338 of 2009 Anup Avinash Varadpande .. .. Petitioner v/s. Anusha Anup Varadpande .. .. Respondent Mr.U.P. Warunjikar for Petitioner. Mr.S.S. Punde for Respondent. ----- CORAM : SMT.ROSHAN DALVI, J. DATED : 11th January, 2010 ORAL ORDER : 1.Heard both sides. 2.Rule. Rule is made returnable forthwith. 3.Upon a matrimonial dispute for interim maintenance prosecuted in the Family Court, the Petitioner-husband has impugned the order of the Principal Judge, Family Court, Pune, dated 31st March 2009, Exhibit-H to the Petition. The order for maintenance is granted upon the Application for interim maintenance made … [Read more...] about Woman earns but that can’t be considered income: says Mumbai High Court
Maintenance
How to claim maintenance from wife?
First you should thank the farsighted lawmakers of yore who made the Section 24 (maintenance during litigation) and Section 25 (maintenance or permanent alimony after divorce) of HMA (Hindu Marriage Act, 1955) gender neutral. What that means is that anyone of the needy parties can claim maintenance from the other. Now read the news below and get inspired to change the world, one step at a time. http://www.deccanchronicle.com/chennai/man-wants-rs-25-lakh-ex-wife-448 Chennai Nov. 21: In an unusual case, a 43-year-old civil engineer has approached the family courts here seeking alimony Rs 25 lakh from his ex-wife, an assistant professor at a reputed university, whom he had divorced a year ago. In his petition, Mr Kalaiselvan, claimed that he had lost his lucrative job in Kuwait … [Read more...] about How to claim maintenance from wife?
Madras HC relies on Rajasthan HC judgment in HMA 24 case
Normally, the Supreme court judgments set a precedent on High courts in India. It is not normal that a state HC will use as precedent a judgment of another state’s High court of India. However, in this maintenance case under Hindu Marriage Act HMA Sec 24 below, the Madras HC has relied upon a Rajasthan HC judgment. What this means is that one could use judgment of another HC in one’s arguments to bolster their case if it does. ------------------------------------------------------------------------------------- IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED:4-11-2006 CORAM : THE HONOURABLE MR.JUSTICE S.ASHOK KUMAR C.R.P.PD.Nos.1505 and 1506 of 2006 M.S.Mani … Petitioner Versus K.Shyamala … Respondent Civil Revision Petitions filed under Article 227 of the Constitution of India … [Read more...] about Madras HC relies on Rajasthan HC judgment in HMA 24 case
Factors for increase in maintenance under CrPC 125 and CrPC 127
A mutual consent divorce agreement was done wherein some amount was paid by husband per month to wife and child, but the amount was increased later by order of family court under CrPC 127 (which deals with alteration of maintenance granted under CrPC 125), and upheld by high court in this Allahabad High judgment. The main reason was rise in cost of living, and also increased earnings of the husband so that the increased amount was not too much of a burden on him. Full judgment follows with important points in bold: --------------------------------------------------------------------------------------------- *Court* : HIGH COURT OF JUDICATURE AT ALLAHABAD *Brief* : : Maintenance allowance fixed in the compromise can be altered u/s 127 Cr.P.C. *Citation : * *Judgment :* HIGH … [Read more...] about Factors for increase in maintenance under CrPC 125 and CrPC 127
SC Judgment on factors deciding quantum of maintenance under CrPC 125
The basic learning from this judgment seems to be that wife’s property, income sources must be considered in CrPC 125. Also, the order of maintenance if made to pay from date of application, need not record the reasons for doing so. In general it is payable from date of order. The full text of judgment is below. The important portions are made bold so you can read them for a quick understanding of the main points. ---------------------------------------------------------------------------------------- *Court* : Supreme Court of India *Brief* : : Section 125 Cr.P.C. Quantum of maintenance *Citation : *CIVIL APPEAL NO. 4666 OF 2008 SHAIL KUMARI DEVI & ANR. Vs KRISHAN BHAGWAN PATHAK @ KISHUN B. PATHAK *Judgment :* J U D G M E N T C.K. THAKKER, J. 1. Leave granted. 2. … [Read more...] about SC Judgment on factors deciding quantum of maintenance under CrPC 125
Delhi High Court slaps fine for vexatious maintenance case on already divorced woman
Justice S N Dhingra of Delhi High Court gives a judgment which bars a woman who was having a prior mutually agreed divorce settlement from filing a fresh maintenance case on husband. The interesting part is that court slapped a fine of Rs 10,000 on the woman for filing a frivolous and vexatious case. See news below: http://www.prokerala.com/news/articles/a110246.html The Delhi High Court Monday slapped a fine on a woman for contempt, taking serious note of the fact that she had concealed she was employed and continued to claim maintenance from her husband, and filed cases against him despite an undertaking to court. Justice S.N. Dhingra slapped a fine of Rs.10,000 on Manjit Kaur for concealing the facts from the court and violating the undertaking she gave in another court in … [Read more...] about Delhi High Court slaps fine for vexatious maintenance case on already divorced woman