April 2020

March 2020

Maintenance—Claim by minor Children—Mere fact that the mother of children is earning more than the salary of the father cannot absolve the father of his responsibility to maintain his minor sons HELD a mother, who has custody of a child not only spends money on the upbringing of the child, but at the same time, she is required to spend substantial time and effort in bringing up the child. Her mobility is completely restricted. One cannot put value to the time and effort put in by the mother in upbringing of the child.     

By | March 25th, 2020|Maintenance|

Comments Off on Maintenance—Claim by minor Children—Mere fact that the mother of children is earning more than the salary of the father cannot absolve the father of his responsibility to maintain his minor sons HELD a mother, who has custody of a child not only spends money on the upbringing of the child, but at the same time, she is required to spend substantial time and effort in bringing up the child. Her mobility is completely restricted. One cannot put value to the time and effort put in by the mother in upbringing of the child.     

February 2020

December 2019

November 2019

Maintenance—Direct Transfer—Direction issued to employer of husband (State Government) to directly transfer the arrears and future maintenance amount from his salary directly in bank account of wife so that she and her children are not forced to approach Court again and again

By | November 12th, 2019|Maintenance|

Comments Off on Maintenance—Direct Transfer—Direction issued to employer of husband (State Government) to directly transfer the arrears and future maintenance amount from his salary directly in bank account of wife so that she and her children are not forced to approach Court again and again

Maintenance–Income of Husband-­ Income Tax Return of husband shows his annual income about Rs. 4 lakhs- Award of Rs. 15,000/- per month is justified and cannot be termed as exorbitant-Petition dismissed.

By | November 3rd, 2019|Maintenance|

Comments Off on Maintenance–Income of Husband-­ Income Tax Return of husband shows his annual income about Rs. 4 lakhs- Award of Rs. 15,000/- per month is justified and cannot be termed as exorbitant-Petition dismissed.

October 2019

September 2019

July 2019

Maintenance–Earning Wife-Wife is working as a teacher in a reputed private school-Rightly held to be not entitled to maintenance u/s 125 CrPC and S.24 HMA—Hindu Marriage Act, 1955, S.24. – Minor Son-Father is well established businessman-Award of Rs.8,000/- p.m is certainly not on higher side more particularly when the prices are rising everyday

By | July 31st, 2019|Maintenance|

Comments Off on Maintenance–Earning Wife-Wife is working as a teacher in a reputed private school-Rightly held to be not entitled to maintenance u/s 125 CrPC and S.24 HMA—Hindu Marriage Act, 1955, S.24. – Minor Son-Father is well established businessman-Award of Rs.8,000/- p.m is certainly not on higher side more particularly when the prices are rising everyday

Maintenance—Unmarried Daughter—If a major unmarried daughter is unable to maintain herself because of her illiteracy, unemployment or being a student, she is entitled for maintenance from her father

By | July 29th, 2019|Maintenance|

Comments Off on Maintenance—Unmarried Daughter—If a major unmarried daughter is unable to maintain herself because of her illiteracy, unemployment or being a student, she is entitled for maintenance from her father

Maintenance–Income of Husband- Husband is a well qualified person who did his graduation from IIT Kanpur and M.Tech in Italy-He is paying EMI of about Rs.26000 and rent of Rs. 10,000- -His monthly income assessed as not less that Rs.50,000/- p.m.-Wife held entitled to maintenance of Rs. 10,000/- p.m.

By | July 29th, 2019|Maintenance|

Comments Off on Maintenance–Income of Husband- Husband is a well qualified person who did his graduation from IIT Kanpur and M.Tech in Italy-He is paying EMI of about Rs.26000 and rent of Rs. 10,000- -His monthly income assessed as not less that Rs.50,000/- p.m.-Wife held entitled to maintenance of Rs. 10,000/- p.m.

Maintenance–Reduction of Maintenance- Husband a practicing advocate-He is a new entrant and finding qua earning of Rs.25,000/- or Rs.50,000/- as alleged is far fetched-Maintenance pendente lite reduced from Rs. 10,000/- p.m. to Rs.8,000/- p.m.       

By | July 28th, 2019|Maintenance|

Comments Off on Maintenance–Reduction of Maintenance- Husband a practicing advocate-He is a new entrant and finding qua earning of Rs.25,000/- or Rs.50,000/- as alleged is far fetched-Maintenance pendente lite reduced from Rs. 10,000/- p.m. to Rs.8,000/- p.m.       

Maintenance–Capacity to Earn- -Merely because wife is highly qualified is not a ground to deny right to maintenance to her especially when she is not gainfully employed anywhere.

By | July 21st, 2019|Maintenance|

Comments Off on Maintenance–Capacity to Earn- -Merely because wife is highly qualified is not a ground to deny right to maintenance to her especially when she is not gainfully employed anywhere.

June 2019

April 2019