Wednesday, May 8, 2024

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Supreme Court held scientific developments should be taken in account & if a conflict arise between Evidence as envisaged in law & Scientific Evidence, the latter shall prevail. DNA test uphelp Maintenance for child denied

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Rajasthan HC held that when wife could not establish neglect and husband established that wife is residing with her parents on her own accord, maintenance can not be granted to wife

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Calcutta HC held that without proving marriage, respondent can't be saddled with maintenance. Petitioner has to prove valid marriage as per religious rites to get maintenance

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Himachal Pradesh HC held that if civil court under RCR has come to conclusion that wife has no valid reason to stay away, maintenance u/s 125 CrPC can not be allowed to continue.

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Andhra Pradesh HC held that after decree of annulment wife looses the title of wife or ex-wife and hence she is not entitled for maintenance

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Patna HC held that financial position and income of the petitioner should also be assessed properly before deciding maintenance

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Delhi HC held that properties of in-laws can not be taken into consideration while passing award of maintenance. Maintenance to be based on 

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P&H HC reduced the maintenance of wife as there was no cogent evidence of the alleged income of the husband

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P&H HC held that if husband and wife are living seperately with mutual consent, wife looses her right to claim maintenance

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Delhi HC refused to increase the maintenance amount to the girl; when husband obtained decree on #Divorce on grounds of cruelty, stating that wife failed to prove wilful neglect by husband

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