Thursday, May 9, 2024

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Calcutta HC held that widow daughter-in-law can not claim maintenance from father-in-law under provisions of Domestic Violence Act.

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Rajasthan HC held that if wife gets divorced on the grounds of mutual consent by taking alimony, she is disentitled to claim maintenance or interim maintenance from the husband.

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Bombay HC held that if decree of judicial seperation is passed in favor of husband on grounds of desertion, that means wife did not have any valid reasons to stay away from husband, she can't claim maintenance u/s 125 CrPC.

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Allahabad HC held that if a man raises objection that he is not biological father of the minor, the family court should allow him to lead evidence in this regard before passing order of maintenance

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Bombay HC not only granted divorce to the husband when wife levelled baseless and false allegations. It also denied 

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Kolkata HC held that if maintenance is being given from retrospective effect, i.e. date of filing, the magistrate shall assign reasons thereof. Else it should be prospective only

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Allahabad HC held that undergoing sentence for failure to pay maintenance does not waive off arrears of maintenance. The same still needs to be paid.

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Calcutta HC held that even in ex-parte order court has to be reasonable in awarding maintenance. Court can not order exorbitant maintenance w/o substantive proof of income of husband.

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AP HC held that in the absence of specific direction to pay maintenance from date of application, it shall only be construed that maintenance shall be paid from date of order only.

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Bombay HC held that if husband obtains decree of divorce on the grounds of Adultery, he need not prove his grounds again for cancellation of maintenance us CrPC 125. Maintenance order dismissed.

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