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|

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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|

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June 2019

April 2019

March 2019

February 2019

January 2019

Hindu Marriage Act, 1955, S.24—Maintenance—Income of Husband—As per income tax return of husband his gross income during 2009-2010 was Rs. 5,32,991/- —No material on record to establish that income of husband has deteriorated-Held; husband would not be earning less than sum of Rs.l lakh, even if income has been decreased after 2010-2011-Sum of Rs.20,000/- per month awarded as maintenance pendent lite.     

By | January 26th, 2019|Maintenance|

Comments Off on Hindu Marriage Act, 1955, S.24—Maintenance—Income of Husband—As per income tax return of husband his gross income during 2009-2010 was Rs. 5,32,991/- —No material on record to establish that income of husband has deteriorated-Held; husband would not be earning less than sum of Rs.l lakh, even if income has been decreased after 2010-2011-Sum of Rs.20,000/- per month awarded as maintenance pendent lite.     

Maintenance—To child—It is no preposition of law that in all circumstances welfare of child can be ignored in an application for interim maintenance u/s 24 and S.25 of the Act

By | January 26th, 2019|Maintenance|

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Maintenance—The first and foremost duty of the husband is to maintain the wife and the child—He may beg, borrow or steal Maintenance—Sentence for non-payment—Court can award sentence up to a maximum of one month for each month of default in payment. Maintenance—Sentence for non-payment—On undergoing imprisonment in default of maintenance, liability to pay will not wipe out, which shall subsist till the payment is made.

By | January 20th, 2019|Maintenance|

Comments Off on Maintenance—The first and foremost duty of the husband is to maintain the wife and the child—He may beg, borrow or steal Maintenance—Sentence for non-payment—Court can award sentence up to a maximum of one month for each month of default in payment. Maintenance—Sentence for non-payment—On undergoing imprisonment in default of maintenance, liability to pay will not wipe out, which shall subsist till the payment is made.

December 2018

August 2018

Hindu Marriage Act, 1955, S.24–Maintenance–Application under Section 24 of the Act, the interim maintenance is required to be allowed on the basis of pleadings on the touchstone of broad probabilities.

By | August 19th, 2018|Maintenance|

Comments Off on Hindu Marriage Act, 1955, S.24–Maintenance–Application under Section 24 of the Act, the interim maintenance is required to be allowed on the basis of pleadings on the touchstone of broad probabilities.

Hindu Marriage Act, 1955, S,24«Maintenance–Reduction of-Rs. 50,000/- p.m. was awarded for maintenance of wife and son-Considering the fact that wife is living in the house of husband and she is having an independent income and also the fact that the maintenance is only for her support to son; the maintenance of Rs. 50,000/ – per month reduced to Rs. 20.000/- per month from the date of filing of application till the date of majority of the son.  

By | August 16th, 2018|Maintenance|

Comments Off on Hindu Marriage Act, 1955, S,24«Maintenance–Reduction of-Rs. 50,000/- p.m. was awarded for maintenance of wife and son-Considering the fact that wife is living in the house of husband and she is having an independent income and also the fact that the maintenance is only for her support to son; the maintenance of Rs. 50,000/ – per month reduced to Rs. 20.000/- per month from the date of filing of application till the date of majority of the son.