Wednesday, May 8, 2024

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Karnataka HC held that if a wife who is normal healthy human being and is well educated & still refuses to earn, such a refusal on the part of wife shall be taken into consideration by courts while deciding quantum of maintenance

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Orissa HC held that if wife fails to comply with the decree of restitution of conjugal rights, she looses right to maintenance u/s CrPC 125

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P&H HC held that only wife and divorced wife can take maintenance u/s 125 CrPC and not a wife whose marriage is annulled by competent court.

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Gujrat HC held that a child who has attained majority, unless suffering from physical or mental infirmity is not entitled to get maintenance from father.

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Patna HC held that any order of maintenance without assessing the financial condition of Petitioner wife is bad in law. Magistrate asked to give order again

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Delhi HC held that husband can't be asked to beg, borrow or steal to maintain his wife. if an NRI is stuck in India and not earning anything, the maintenance order is liable to be set aside.

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Gujarat HC held that scope of maintenance can not be enhanced to a woman demanding lump sum amount for purchase of an accomodation.

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HP HC held that false allegations that husband is not providing maintenance is cruelty towards the husband.

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Bombay HC held that if marriage is null and void then such wife is not entitled to maintenance u/s 125 CrPC.

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Madras HC held that wife looses her rights to maintenance u/s 125 CrPC if she is leading Adulterous life.

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