Hindu Marriage Act, 1955—Section 24—This judgment clarifies principles on interim maintenance under Section 24 of the Hindu Marriage Act, 1955, emphasizing that courts are not confined to declared Income Tax Returns when evidence indicates higher actual income or concealment by the husband, such as lavish lifestyle and significant unexplained bank credits—The husband cannot evade maintenance obligations while living extravagantly—The wife’s earning capacity or family wealth does not automatically bar maintenance; the standard of living during marriage and husband’s capacity to pay remain key considerations—Wealth from asset sales provides future security but does not reduce interim maintenance entitlement—Under the Family Courts Act, 1984, Section 19, regarding medical treatment of a minor c...
(A) Hindu Marriage Act, 1955, Sections 24 and 26—Family Courts Act, 1984 Section 19—Interim maintenance—Determination of interim maintenance for wife and minor child—Court emphasized that factors such as husband’s financial capacity, standard of living of the parties, and reasonable needs of wife and child must be duly considered—Husband’s extravagant lifestyle and deliberate concealment of actual income noted by the Court—Held, such conduct justified the Family Court’s direction awarding ₹1,00,000/- per month to the wife and ₹2,25,000/- per month to the minor child—Interim maintenance must ensure that the dependent spouse and child are able to maintain a lifestyle commensurate with the status of the family—No interference with Family Court’s order warranted&mdash...
Hindu Marriage Act, 1955—Section 24—Interim Maintenance—Enhancement Justified—Wife challenged the trial court's order granting ₹10,000/month as interim maintenance and ₹30,000/year towards the child’s education in proceedings under Section 24 of the Hindu Marriage Act—The High Court found that while the husband's gross salary was ₹1,00,513/-, many deductions were voluntary and he resided in his own house without rent liability—The wife, though a graduate, had been unemployed since marriage in 2011, reportedly due to the husband's insistence—Observing that ₹10,000/month was inadequate considering living expenses and the husband's financial capacity, the Court enhanced the maintenance to ₹25,000/month—Husband was also directed to continue bearing the child&rsquo...
(A) Special Marriage Act, 1954, Section 27—Family Law—Permanent Alimony—Enhancement—Standard of Living—The Supreme Court modified a Calcutta High Court order granting Rs.20,000/- per month as permanent alimony to an estranged wife, enhancing the amount to Rs. 50,000/- per month with a 5% biennial increase—The Court noted that the amount originally awarded as interim maintenance was wrongly fixed as final alimony, and found that the husband’s past and current earnings demonstrated capacity to pay a higher sum—The wife, who remained unmarried and financially dependent on maintenance, was held entitled to support reflective of the standard of living during the marriage—The son, now aged 26, was found to be no longer financially dependent, though his inheritance rights remain intact—...
Criminal Procedure Code, 1973 (Cr.P.C.)—Section 125—Interim Maintenance—The Punjab & Haryana High Court dismissed a revision petition filed by the husband challenging the enhancement of interim maintenance from ₹10,000 to ₹20,000 per month, as ordered by the Sessions Judge, Ferozepur—The Court held that the enhancement was justified considering the respondent-wife’s lack of income, her custody of a minor daughter, and the petitioner’s failure to disclose his financial status by not filing the mandatory affidavit of assets and liabilities as per Rajnesh v. Neha (2021) 2 SCC 324—Despite substantial business activities, ownership of cranes, and active loans for commercial equipment, the petitioner avoided full financial disclosure, warranting an adverse inference—The Court found the pet...
Criminal Procedure Code, 1973—Section 125—Interim Maintenance—Scope of Judicial Interference and Conduct of Parties—In a revision against the Family Court’s order granting interim maintenance of ₹8,000/month to the wife and ₹7,000/month to the minor son, the High Court upheld the grant, holding that such interim relief is justified pending final adjudication—The petitioner-husband, a qualified B.Tech—engineer, claimed to be unemployed, yet evidence showed he maintained five bank accounts, four insurance policies, paid EMIs of ₹1.38 lakhs/month, and had liabilities exceeding ₹33 lakhs—indicating undisclosed income—The Family Court rightly lifted the veil to presume a monthly income of ₹35,000–₹40,000 for interim purposes—The High Court rejected the petitioner&rsq...
Criminal Procedure Code, 1973—Section 125 and 482—Family Courts Act, 1984—19(4)—Interim maintenance application—Dismissal of—Deliberate unemployment of wife/To remain sit idle—Held, a highly educated and capable wife, who deliberately remains unemployed despite prior substantial earnings and international work experience, cannot claim maintenance solely to avoid employment—The wife's failure to disclose specific qualifications in her income affidavit and her lack of evidence demonstrating efforts to secure employment were pivotal—Evidence, including WhatsApp exchanges between the wife and her mother, advising against employment to safeguard alimony claims, underscores a prima facie case of intentional unemployment—A well-educated wife with prior work experience in Australia a...
Interim Monthly Maintenance. Protection of Women from Domestic Violence Act, 2005, Section 23—Interim Monthly Maintenance—Revision petition by husband—This Court is of the considered view that the interim maintenance of Rs.10,000/- pm is not exorbitant in addition to the maintenance amount of Rs.10,000/- pm as ordered in MC 217/2020—Consequently, this Court is of the clear view that absolutely there is no justifiable ground to interfere with the well reasoned order of the Trial Court—Merely because the Family Court passed subsequent order of maintenance on 23.04.2021, the same cannot be made the basis to interfere with the earlier order dated 31.03.2021 passed by the Trial Court under the D.V. Act and as such, the said contention cannot be accepted. (Paras 16, last page's para 6) Result:- Petition&n...
Interim maintenance. Protection of Women from Domestic Violence Act , 2005, Sections 12, 18—Maintenance order received by wife and daughter is impugned in revision jurisdiction—It is an admitted fact that the respondent No. 2 is the legally married wife of the petitioner and the paternity of the child is also not disputed—It is also an admitted fact that the order of interim maintenance is passed prior to the cross- examination of the PWs—But it is evident from the petition as well as the evidence and the observation made by the learned Courts below that the respondent is an unemployed lady and has no source of income of her own to maintain herself as well as to maintain her child including her educational expenses—More so, to pass an order of interim maintenance, the entire detail or the merit of the...
Interim maintenance order set aside. (A) Hindu Marriage Act, 1955, Section 24—Appeal by Husband to impugn the order granting Interim maintenance—It is the submission of learned counsel for the appellant, mindful of the order passed under Section 125 Cr.P.C., the learned Principal Judge has failed to give effect to the settled law that an equal or lesser amount awarded by a subsequent order may not be made recoverable, separately—In that regard, he further states, the appellant has been paying a higher maintenance amount awarded @ Rs. 3,000/- per month to the respondent from December, 2023 onwards under the earlier order dated 20.12.2023 passed by the learned Principal Judge, Family Court, Chandauli in Maintenance Application— impugned order does not contain or disclose any reason for the view taken by the l...
Interim maintenance to wife. Divorce Act, 1869, Section 10(i)—Interim maintenance to wife—Cross Appeals by both parties—Allowing the appeal by wife, and enhancing maintenance, held—High Court has overlooked certain aspects relating to the income of the respondent which were looked at by the Family Court—Further, it is also on record that the appellant is not working as she sacrificed her employment after the marriage—The appellant was accustomed to a certain standard of living in her matrimonial home and therefore, during the pendency of the divorce petition, is also entitled to enjoy the same amenities of life as she would have been entitled to in her matrimonial home—Consequently, allowed the appeal of the appellant wife and set aside the order of the Madras High Court dated 01.12.2022 and re...
Interim maintenance is further enhanced. Hindu Marriage Act, 1955, Section 24—Constitution of India, Article 227—Supervisory Writ petition to impugn order giving Maintenance—Maintenance pendente lite and expenses of proceedings—First thing is that the above provision of Section 24 of the Hindu Marriage Act relates to the wife or the husband as the case may be—It does not deal with the children—Accordingly, the basis of enhancement on the referring to the needs of minor son is not within the purview of this Section—Documents brought on record regarding the income of both the parties and further fact that the husband/respondent is bearing the expenses of his son's education and he is making significant investments for his son in mutual funds, therefore, an amount of Rs.10,000/-...
Interim maintenance. Protection of Women From Domestic Violence Act, 2005, Section 23(2)—Inherent jurisdiction petition to impugn grant of interim maintenance—Ordinarily it would not be appropriate for the High Court to reappreciate the evidence and come to its own conclusion on the same when the evidence has already been appreciated by the Magistrate as well as by the Sessions Court in appeal—When the courts below recorded the concurrent findings of fact, interfering with the concurrent findings of fact arrived at by the courts below is not correct—Maintenance upheld. (Paras 42-45) Result:- Petition dismissed. ...
Interim maintenance. (A) Criminal Procedure Code, 1973, Section 125—Maintenance claim—Procedure—To file Affidavit about Assets—Matter is remanded back to the learned trial Court to decide the same afresh after calling both parties to file their affidavits of disclosure of assets and liabilities in accordance with the directions/guidelines issued by the Hon'ble Supreme Court—Parties are directed to appear before the learned trial Court. (Para 14) (B) Criminal Procedure Code, 1973, Sections 397, 401 r/w 125—Interim maintenance—Scope of— An order of maintenance affects the right of a person drastically and substantially, hence, it cannot be treated as an interlocutory order—Hence, the submission that the order granting interim maintenance is interlocutory which cannot be as...
Protection of Women from Domestic Violence, 2005—Section 12, 20(1)(d)and 23—Interim maintenance—Multiple orders of—Overlapping jurisdictionin question—The grant of interim maintenance under Section 125 Cr.P.C. does not prevent the court from granting interim maintenance under the DV Act—However, the wife must disclose any previous maintenance proceedings and orders so the court can account for and adjust the amounts—If modification or variation of the previous order is needed, the concerned party must approach the court in the earlier proceedings—No impediment for simultaneous proceedings for maintenance under different laws. ...
Protection of Women from Domestic Violence, 2005—Section 12, 20(1)(d)and 23—Interim maintenance—Overlapping jurisdiction—The grant of interim maintenance under Section 125 Cr.P.C. does not prevent the court from granting interim maintenance under the DV Act—However, the wife must disclose any previous maintenance proceedings and orders so the court can account for and adjust the amounts—If modification or variation of the previous order is needed, the concerned party must approach the court in the earlier proceedings—No impediment for simultaneous proceedings for maintenance under different laws. ...
(A) Dissolution of Muslim Marriage Act, 1939—Section 2(viii), 2(ii) and 2(iv)—Constitution of India, 1949—Article 227—Civil Procedure Code, 1908—Section 151—A Muslim woman can claim interim maintenance in a divorce case—The wife's right to maintenance remains intact even if she lawfully refuses access to her husband—The term "inherent" in Section 151, C.P.C., suggests that the Court has the authority to grant interim maintenance without needing specific statutory provisions—While Section 2(iv) of the relevant legislation refers to refusal "without any reasonable cause," Section 2(ii) lacks such language—This imposes a continuous duty on the husband to maintain his wife—Failure to do so for two years may result in divorce under Section 2(ii)—The...
Hindu Marriage Act, 1955—Section 24—The interim maintenance order under the Protection of Women from Domestic Violence Act, 2005, the petitioner contended that the opposite party, having already received maintenance under a Family Court order, was not entitled to additional maintenance under the DV Act. The petitioner argued that the opposite party, being educated and potentially employed, should not receive duplicate relief—The Court held that while the DV Act allows maintenance in addition to other legal provisions, it requires proper disclosure of previous orders and circumstances justifying further relief—The learned Courts below failed to consider the existing Family Court order and did not adequately address the need for additional maintenance—Consequently, the revision petition was allowed, and the imp...
Interim Maintenance. Criminal procedure code, 1973, Section 125—Interim Maintenance—Two Revision petitiond by Husband and wife to impugn this relief—Trial Court awarded the maintenance @ Rs. 7,000/- per month—This is grossly insufficient keeping in view the fact that the wife is entitled to maintain the same status which she had in her matrimonial home even after the separation—The petitioner/wife asserted that she has to pay a rent of Rs. 6,000/- for the accommodation in which she is residing—This means that she would be left with only Rs. 1,000/- to maintain herself—Thus, the amount awarded by the learned Trial Court to the petitioner/wife is grossly insufficient— Therefore, in view of the above, the petitioner/wife is held entitled to maintain herself @Rs. 12,000/- per month, which sho...
Divorce for irretrievable breaking of marriage. (A) Constitution of India, Article 142—Divorce for irretrievable breaking of marriage—The decree of divorce be granted in exercise of this Courts power under Article 142 of the Constitution of India—Further, the respondent-husband shall pay Rs. 2 Crores towards permanent alimony to the appellant-wife within the time stipulated above—Parties would be at liberty to file certified copies of this order before the respective Courts where the cases, both civil and criminal, are pending whereupon the Court concerned shall pass appropriate orders closing such proceedings. (Para 34) (B) Protection of Women from Domestic Violence Act, 2005—Section 12—Interim maintenance—Grant of—Order challenged—Both parties maintain similar living standards ...
Protection of Women from Domestic Violence Act, 2005, Section 29—Criminal Procedure Code, 1973, Section 125—Criminal Revision Petition by the Husband to impugn the orders of maintenance—Trial Court dismissed the Complaint filed by Wife, wife filed Appeal and Sessions court allowed Appeal thus Revision by Husband—Provision for interim maintenance is a social welfare measure. It is provided to protect the minor children and old parents from hunger destitution and vagrancy—While granting Rs. 3000/- to opposite party no. 2, Smt. Bharti Devi and Rs. 2000/- to her son,Harshit, as maintenance allowance, the trial court has not committed any illegality or irregularity or jurisdictional error—There is no merit in the criminal revision—The criminal revision is dismissed—Present order as well as orders...
Criminal Procedure Code, 1973—Section 125—Interim Maintenance—Revision Against Grant of Maintenance—Scope of Interference—Husband’s Net Salary—Adequacy of Maintenance—Prima Facie Justification—In the present criminal revision, the petitioner-husband challenged the Family Court's order dated 29.11.2023 granting Rs. 6000/- per month as interim maintenance to his estranged wife under Section 125 CrPC—The wife alleged harassment and expulsion from the matrimonial home due to dowry demands, claiming she was unable to maintain herself—The husband refuted the allegations, asserting that she left voluntarily, was self-sufficient, and he earned only Rs. 19,191/- per month with financial liabilities—The High Court of Uttarakhand noted that at the interim stage, conclusive f...
Hindu Marriage Act, 1955, Section 13 (1)(ia), 9—Interim maintenance—The court carefully considered the arguments presented by both parties and concluded that the wife and child deserved additional interim maintenance beyond what was awarded in a domestic violence case—It noted that the husband had not complied with the decree of restitution of conjugal rights, leaving the wife and child without support—The court dismissed the contention that the executing court could not entertain an application for interim maintenance, emphasizing that the husband's failure to fulfill his obligations justified the wife's request—The court also addressed the issue of duplication of maintenance payments, stating that no such duplication existed in this case—Ultimately, the court found no merit in the husband'...
Constitution Of India, 1950—Article 227—Hindu Marriage Act, 1955—Section 24—Matrimonial home—Interim maintenance—The principle that a wife is entitled to the status she would have had in her matrimonial home is well-established—The petitioner argues that his wife's job in a private institution, Make My Home, is not permanent, but this cannot justify denying her interim maintenance—The trial court awarded Rs.4,000 per month as interim maintenance, which is not excessive considering the petitioner's status and salary—Given the petitioner's financial circumstances and the insufficiency of his wife's income to cover daily expenses, the court finds no error in the trial court's decision to award interim maintenance—Therefore, the trial court did not commit any juri...
Criminal Procedure Code, 1973, Section 482, 125(3)—Family Court Act, 1984, Section 19(4)—Granting interim maintenance—Maintainability—The petitioner contends that as no appeal or revision lies against the interim maintenance order, Section 482 is the only remedy—However, the court cites precedent, including the case of Ashu Jain vs. State of U.P., emphasizing that specific provisions under Section 19(4) of the Family Courts Act govern appeals or revisions against orders related to maintenance—The court rules the petition under Section 482 as not maintainable, directing the petitioner to explore the appropriate remedy under Section 19(4) of the Family Courts Act. ...
Protection of Women From Domestic Violence Act, 2005, Section 12, 29—Constitution of India, 1950—Article 227—Remedy under—Sought by respondent—Alleging physical, economic and emotional abuse at hands of petitioner—Maintenance—Grant of—Prayer for—Allowed—Trial Court directing petitioner to pay a sum of Rs. 10,000/- per month to respondent in interim—Appeal—Additional Session Judge affirmed the order of trial Court—Petition against—Determination of—Fact that petitioner is a practicing Advocate—Not suffering any disability—Petitioner is bodied person—Courts below have considered all material aspect of case before arriving at concurrent findings—No illegality muchless perversity has been found in impugned order—High Court do...
Code of Criminal Procedure, 1973—Sections 125—Hindu Marriage Act, 1955—Section 24—Interim maintenance—Matrimonial proceedings under Section 125, the court clarified that the extreme step of striking off the defense is not contemplated, emphasizing the availability of remedies for enforcing interim maintenance orders—Despite prior decisions allowing striking off defenses in exceptional cases, recent judgments, including Rajnesh v. Neha, have reaffirmed this drastic action as a last resort, contingent on willful default—The court found the earlier judgment in Hari B. per incuriam, given its divergence from the Supreme Court's directives—Acknowledging the delayed enforcement of maintenance orders, the court granted the respondent an opportunity to pay arrears within sixty days before consid...
Hindu Marriage Act, 1955, Section, 24,13(1)(ia), 28—Family Courts Act, 198, Section 19(3)—Maintenance to minor child—Interim maintenance—Wife's earning capacity doesn't automatically prohibit maintenance claims from husband—Despite the wife's MBA and LLB qualifications, the court rejected the family court's denial of maintenance, emphasizing the husband's higher obligation—The wife's constrained living conditions and child-related expenses were considered, debunking the notion of self-sustainment—The court stressed the primary purpose of maintenance laws—to support dependent wives and children requiring a realistic approach—Timely resolution was underscored, expressing disapproval of deferred decisions—Consequently, the court modified the family court'...
Code of Criminal Procedure, 1973—Sections 397 and 401 read with Section 482—Indian Penal Code, 1860—Sections 498A, 323 and 504—Dowry Prohibition Act, 1961—Sections 3 and 4—Fresh determination—Interim maintenance—The petitioner alleges that the respondent, his wife, concealed her Canadian citizenship and employment status to obtain maintenance orders—The petitioner claims that the respondent, despite being well-educated and employed with a monthly income, misrepresented herself as unemployed to gain favorable maintenance orders—The court notes the absence of income disclosure affidavits and the failure to consider the minor daughter's maintenance separately—Emphasizing the need for such disclosures, the court remands the case to the Trial Court for a fresh determination,...
Constitution Of India 1949, Article 227—Protection of Women from Domestic Violence Act, 2005, Section 12—Interim maintenance—Domestic Violence Act meant for immediate relief, not windfall for women—Addressed a petition under Article 227, challenging a modification in an order related to the Protection of Women from Domestic Violence Act—The trial court had directed the husband to pay interim maintenance, lump-sum compensation, and provide accommodation to the petitioner, later modified by the appellate court—The High Court upheld the appellate court's decision, emphasizing the need for evidence to support claims and stating that the Act does not intend to provide windfall gains—The court directed the husband to provide secure accommodation and pay rent or allow the wife to arrange accommodatio...
(A) Code Of Criminal Procedure, 1973—Section 125, Section 397, Section 401—Protection of Women From Domestic Violence Act, 2005 — Section 2(a), Section 2(f), Section 2(s), Section 3, Section 5, Section 12, Section 18, Section 19, Section 20, Section 21, Section 22, Section 23, Section 29—Hindu Marriage Act, 1955 — Section 24—Maintenance to wife—Interim maintenance—Seeks to quash judgments in a domestic violence case. The revisionist argues that his wife, opposite party no.2, resided separately since 2008 after a compromise in a maintenance case. The Civil Judge granted interim maintenance under the Domestic Violence Act, and the Additional Sessions Judge upheld it. The revisionist contends the orders are unjust and illegal, claiming the wife's residence disqualifies her. He relies on the...
(A) Criminal Procedure Code, 1973 (CrPC), S.125(1) S.125, S.125(1)(d) Family Courts Act, 1984, S.19(4)—Grant of interim maintenance—Allegations of harassment and desertion by her husband—The petitioner alleged that her husband, the respondent, had subjected her to harassment and defamation, leading to her leaving their matrimonial home—The respondent argued that the petitioner was well-qualified and capable of maintaining herself, and he accused her of adultery—The court held that allegations of adultery could not be substantiated solely based on WhatsApp chats, and being well-qualified did not automatically mean she could maintain herself—The case was remanded back to the trial court for a fresh decision. (B) Penal Code, 1860 (IPC), Section 497—Reviewed the definition of adulter...
Hindu Marriage Act, 1955, Section 24—Interim maintenance—matrimonial case—Court upheld the order, noting the appellant's income and the wife's need for support. The court allowed the appellant time to clear the arrears, set a payment schedule, and directed ongoing monthly maintenance—Failure to comply would lead to coercive measures—The appeal was not allowed, and the appellant was instructed to expedite the proceedings below. ...
Interim maintenance—Constitution of India, 1950—Article 227—Petition under—Against order passed by trial—Which allowed said application filed by 1st respondent-plaintiff—Directed the petitioner-1st defendant to pay a sum of Rs. 5,000/- per month to 1st respondent-plaintiff and issued certain other direction—Quashing of—Prauyer for—Legality of—Admittedly, as per plaintiffs case defendant No. 1 is deriving income of Rs. 2,50,000/- from suit schedule properties—Plaintiff requires money for purchasing food-grains and other food-items—Thus, out of Rs. 2,50,000/- defendant No. 1 may be directed to pay Rs. 5,000/- per month, towards maintenance of his mother plaintiff—Plaintiff is entitle for maintenance of Rs. 5,000/- per month from defendant No. 1, from date of this ...
Interim Maintenance—Protection Of Women From Domestic Violence Act, 2005—Sections 23 And 29—Hindu Marriage Act, 1955—Section 24—Code Of Criminal Procedure, 1973—Sections 125, 397, 399 And 401—Constitution Of India, 1950—Article 227—Interim Maintenance—Passed By MM—Petitioner Prayed For Stay—Rejected By Additional Sessions Judge—Order Challenged—Legality—Determination Of—Once An Illegality, Incorrectness Or Impropriety In Judicial Order Is Brought To Notice Of Revisional Court Under Section 397, Crpc, Court Cannot Justifiably Refuse To Entertain Challenge On Grounds Of Non-Compliance With Order Impugned Before It—In High Court View, There Cannot Be Generalized Direction Not To Stay Operation Of Interim Maintenance Order Solely On Ground Th...
Criminal Procedure Code, 1973 — Section 125(4) Maintenance to wife — The husband has stated that he had filed an application for divorce and also ready to give one time alimony — The wife agrees with the fact that she left the matrimonial home of her own free will — Section 125(4), CrPC, is clear that no wife shall be entitled to receive any maintenance from her husband if she refused to live with her husband — The wife had left t on her own free will she is not entitled to get the benefit of maintenance, as per Section 125 (4) Cr.P.C — The impugned order of granting maintenance to wife, is illegal and perverse, accordingly set aside — Revision is allowed....
Quashment Of Application Jammu And Kashmir Protection Of Woman From Domestic Violence Act, 2010—Sections 23 And 29—Protection Of Women From Domestic Violence Act, 2005—Sections 12, 12(4), 27 And 29—Constitution Of India, 1950—Article 227—Code Of Criminal Procedure, 1973—Section 482—Quashment Of Application—Filed By Respondent No. 1 Under Sections 12 And 23 Of DV Act—Wherein Trial Curt, Vide Ordered Petitioner No. 1 To Pay Rs. 5,000/- P.M. To Complainant And Rs. 2,000/- To Son Of Complainant As Interim Maintenance—Legality—Determination Of—Impugned Order By Its Nature In Interim And Ex Parte Order Petitioner Had An Opportunity Of Appearing Before Trial Court And To Raise All Plea Raised In This Petition By Filing A Reply Before Court Below And Also Has A Ri...
(A) Interim maintenance—Protection of Women from Domestic Violence Act, 2005—Sections 12, 18, 19, 20, 21, 22, 23, 24, 25, 28 (1), 28 (2), 29, 31, 31 (3), 2 (i) and 3—Indian Penal Code, 1860—Sections 294, 325, 506 and 34—Code of Criminal Procedure, 1973—Sections 482 and 2 (d)—Quashing of proceeding—Application for—Legality—Determination of—In the instant case, ground shown by petitioners is that respondent No. 2 is not legally married wife of petitioner No. 1 or there was every any domestic relationship between petitioner No. 1 and respondent No. 2 etc. are required is possible in trial—In the instant case, having regard to modus operandi adopted by petitioners and projected in case as referred to in their petition—High Court has no hesitation in holding that it ...
Interim maintenance—Code of Criminal Procedure, 1973—Section 125—Protection of Women from Domestic Violence Act, 2005—Sections 12, 18, 19, 20, 21, 22 and 29—Constitutional of India, 1950—Articles 227 and 141—Petition against order passed by Judicial Magistrate—Whereby petitioner has been directed to pay interim maintenance of Rs. 4000/- each, total Rs. 8,000/- in favour of Applicant No. 1 and her minor son from date of application—Legality—Determination of—Petitioner, instead of filing objections before Court below and asking for alteration/modification of order or even dropping of proceedings, as alleged by petitioner to be not in consonance with law laid down by Apex Court is binding on all in view of Article 141 of Constitution of India, has filed instant petition before...
Interim maintenance—Hindu Marriage Act, 1955—Section 24—Code of Criminal Procedure, 1973—Sections 125, 397 and 399—Application under—Maintenance—Judicial Magistrate pass an order of interim maintenance to tune of Rs. 5,000/- per month—Against this judgment petitioner filed an application under Sections 397 and 399 of CrPC—Objection submitted by husband that opposite party gets a stipend of Rs. 8,000/-—Admittedly husband has been directed to pay maintenance of Rs. 15,000/- and cost of Rs. 20,000/- as litigation cost in a proceeding under Section 84 of H.M. Act—Magistrate dismissed the application—Sessions Judge set aside the judgment of Magistrate—Granted a sum of Rs. 20,000/- p.m. as maintenance—Hence present revision—It is seen that findings of Sess...
Interim Maintenance—Code of Criminal Procedure, 1973—Section 125—Family Courts act, 1984—Section 7—Constitution of India, 1950—Article 227—Petition filed by respondent—Seeking a decree for payment of maintenance—Both past and future—Respondent also claims Rs. 75,00,000/- towards her marriage expenses—Petitioner filed objection—Family Court directed the petitioner to pay interim maintenance at the rate of Rs. 15,000/- per month—Petitioner challenged the order—Determination of—Jurisdiction of Magistrate under Chapter IX (Order for Maintenance of Wives, Children and Parents) is not strictly Criminal in nature—Remedy provided by Section 125 of the code is a summary remedy for securing reasonable sum by way of maintenance—Rs. 15,000/- per mont...
Interim maintenance—Protection of Women from Domestic Violence Act, 2005—Sections 12, 20, 23 and 23 (2) —Code of Civil Procedure, 1908—Section 47—Code of Criminal Procedure, 1973—Sections 362 and 482—Constitution of India, 1950—Article 227—Petition under filed by petitioner—Petitioner was assails the order passed by Executing Court in Execution—Execution Court vide order, held that order granting interim maintenance passed is operational from date of filing application under Section 23 of D.V. Act—Further directed to pay Rs. 1,00,000/- out of arrears of Rs. 3,18,000/-—Determination of—Question regarding date of filing of application is quite significant in this case—Since several applications were filed over a period of five years seeking similar or ...
Interim Maintenance—Code Of Criminal Procedure, 1973—Section 125—Appeal Against Judgment And Order Passed By High Court—High Court Dismissed The Revision Application Filed By Appellants—Challenging The Order Passed By District Judge—Family Court Dismissed The Maintenance Petition—Allowed Application Qua Non-Appellant No. 2—Granting Him Maintenance Allowance Of Rs. 6,000/- Per Month Form Date Of Filing Of Application Till Be Attained The Age If 18 Years—Validity Of—An Erroneous And Perverse Order Of Family Court Was Unfortunately Confirmed By High Court By Passing A Very Perfunctory Impugned Order—High Court Without Assigning Any Reasons, Passed Impugned Order In A Very Casual Manner—Supreme Court Deem It Proper To Grant Maintenance Allowance Of Rs. 10,000/...
Interim Maintenance—Code Of Criminal Procedure, 1973—Sections 125 And 125(4)—Hindu Marriage Act, 1955—Sections 9 And 24—Interim Maintenance—Granted By Judge, Family Court—Petitioner Challenged The Order—Legality Of—Examination Of Copy Of Application—Respondent No. 1/Wife Has Not Disclosed About Order Of Interim Maintenance Passed By Magistrate In A D.V. Act—Neither Party Has Challenged The Same By Way Of Appeal Before Appellate Authority—Order Of Interim Maintenance Passed By Judge Of Family Court Quashed And Set Aside—Judge Of Family Court Is Requested To Decide Said Application For Interim Maintenance Filed By Wife By Taking Into Consideration Guidelines Laid Down By Supreme Court In Case Of Rajesh V. Neha And Another, AIR 2021 SC 569—Judge Of Fami...
Interim Maintenance—Code Of Criminal Procedure, 1973—Sections 125 And 127—Hindu Marriage Act, 1955—Section 24—Interim Maintenance—Grant Of—Petitioner—Dismissed By Family Court—And Application Filed Under Section 123 Crpc By Respondent Allowed—Order Challenged—Appellant Filed Revision Petition—Determined Of —Admittedly, Income Of Respondent/Husband In Present Case Was Rs. 39,994/-—There Was No Material On Record To Show That Petitioner/Wife Was Having Any Income At The Time Of Passing Of Impugned Order—Trial Court Committed Error In Declining Application For Grant Of Interim Maintenance And Allowing Application Under Section 127 Crpc—Impugned Order Set Aside—Trial Court Is Directed To Decide Application For Grant Of Interim Maintenance Afr...
Hindu Marriage Act, 1955—Section 24—Interim Maintenance—The petitioner (wife) sought interim maintenance under Section 24 of the Hindu Marriage Act during the pendency of a divorce petition filed by the respondent (husband)—The trial court initially dismissed her application—On appeal, the High Court noted that the petitioner had no source of income and the respondent owned landed properties—Section 24 provides for interim maintenance to the wife or husband when proceedings under the Act are pending—The High Court found that the trial court erred in dismissing the application without considering the object of Section 24—Thus, the High Court set aside the trial court's order, granting the petitioner interim maintenance of Rs. 3,000 per month and Rs. 20,000 for litigation expenses, effecti...
Interim maintenance—Code of Criminal Procedure, 1973—Sections 125, 125 (2), 125 (4) and 397—Family Courts Act, 1984—Section 19 (4) —Interim maintenance—Granted by Family Court—At the rate of Rs. 5,000/- per month—Direction has also been issued that arrears thereof would be determined to be made from date of institution of application under Section 125 CrPC—Revisionist invoking provisions contained under Section 397 of CrPc—Challenge the order passed by Family Court—Determination of—Involvement of respondents in an act of adultery—High Court is of the view that in view of statutory implications for establishing a fact of adultery, paramour is required to be examined before Court—Impugned judgment does not call for any interference in exercise of revisional ...
Interim maintenance—Code of Criminal Procedure, 1973—Sections 125, 125 (2), 125 (4) and 397—Family Courts Act, 1984—Section 19 (4) —Interim maintenance—Granted by Family Court—At the rate of Rs. 5,000/- per month—Direction has also been issued that arrears thereof would be determined to be made from date of institution of application under Section 125 CrPC—Revisionist invoking provisions contained under Section 397 of CrPc—Challenge the order passed by Family Court—Determination of—Involvement of respondents in an act of adultery—High Court is of the view that in view of statutory implications for establishing a fact of adultery, paramour is required to be examined before Court—Impugned judgment does not call for any interference in exercise of revisional ...
Hindu Marriage Act, 1955—Sections 13 and 24—Constitution of India, 1950—Articles 226 and 227—Code of Civil Procedure, 1908—Section 115—Code of Criminal Procedure, 1973—Section 125—Interim maintenance—Respondent prayed for—Family Judge granted interim maintenance of Rs. 30,000/- p.m. i.e., Rs. 12,000/- for respondent/wife and Rs. 10,000/- for minor son—Petition filed by petitioner against order passed by Family Court—Legality of—Salary slips of petitioner placed on record—It clearly emerges that average monthly income of petitioner is more than Rs. 70,000/-—Considering the contemporary situation, income of petitioner vis-a-vis the fact that maintenance is awarded qua two persons i.e. respondent and minor son—Court is of the opinion that Family J...
Protection of Women From Domestic Violence Act, 2005—Section 23 (1)—Application under—Moved by petitioner—For interim maintenance compensation and protection order—Judicial Magistrate directed the respondent to pay interim maintenance at the rate of Rs. 10,000/- per month to petitioner and Rs. 7,000/- to her daughter, from date of application—Other reliefs would be considered at later stage after evidence is led by parties—Petitioner filed an appeal under Section 29 of D.V. Act—Seeking enhancement of amount of maintenance—Determination of—When interim maintenance was claimed, salary certificate of respondent was not before Judicial Magistrate—Respondent has retired from Indian Navy—Petitioner would not receive maintenance from Navy—Which she was receiving since ...
Criminal Procedure Code, 1973, Section 125—Maintenance—Interim maintenance—Application for—Allowed in favour of wife—Challenged—Held, an able-bodied person has to be presumed to be capable of earning sufficient money so as to be reasonably able to maintain his wife and he cannot be heard to say that he is not in a position to earn enough to be able to maintain her according to the family standard—Sometimes, a plea is advanced by the husband that he does not have the means to pay, for he does not have a job or his business is not doing well—These are only bald excuses and, in fact, they have no acceptability in law—An able bodied and is in a position to support himself, he is under the legal obligation to support his wife, for wife's right to receive maintenance under Section 125 Cr...
Hindu Marriage Act, 1955, Section 24, Section 13(i)(i-a)—Family Court Act,1984, Section 19—Interim maintenance—Pendente lite—The court heard arguments from both parties and examined the record along with the impugned order dated 18.06.2020 dismissing the application under Section 24—It noted that the appellant, a qualified ACA, had a regular income of Rs—85,000/- net and 1,05,000/- gross per month with no maintenance liabilities—The court rejected the appellant's argument of delay, emphasizing that the appellant had not challenged a previous judgment regarding the delay, indicating her responsibility—Consequently, the court found no grounds to interfere with the Family Court's order and dismissed the appeal, deeming it devoid of merit. ...
Protection of Women from Domestic Violence Act,2005, Section 29, 23 and 12—Interim orders—Appeal against—Maintainability of—Whether an appeal will lie u/s 29 of the DV Act against every order including interim order passed u/s 23 by the learned Magistrate—Held, Yes—An appeal will lie u/s 29 of the said Act against the final order and the interim orders passed u/s 23(1) of the Act—However, while dealing with an appeal against the interim order passed u/s 23 of the Act, the Appellate Court will usually not interfere with the exercise of discretion by the learned Magistrate—The appellate Court will interfere only if it is found that the discretion has been exercised arbitrarily, capriciously, perversely or if it is found that the Court has ignored settled principles of law regula...
Criminal Procedure Code, 1973, Section 125—Protection of Women from Domestic Violence Act, 2005, Sections 12, 26 and 36—Interim Maintenance—Application under—The same was rejected on the sole ground that the wife had been granted interim maintenance under DV Act, 2005—Challenged—Held, DV Act, 2005, does not preclude an applicant to claim maintenance for the same period in separate proceedings—The Court would of necessarily bear in mind the interim maintenance awarded in the other proceedings while considering the merits of the application—The impugned order is set aside—The matter is remanded to the learned Family Court. (Paras 7 to 9) [R.D. v. B.D., (2019) 2 MMLJ 571 (Del.) &...
Criminal Procedure Code, 1973, Section 125 and 482—Hindu Adoptions and Maintenance Act, 1956, Section 20—Maintenance to major daughter Entitlement of—Held, Unmarried daughter is entitled to claim maintenance from her father till she is married even though she has become major which right is recognized under Section 20 (3) of the Hindu Adoption and Maintenance Act—Sub-section 3 of Section 20 of the said provisions is recognized to be existing to claim maintenance after she attains majority till her marriage—Courts below committed an error in awarding interim maintenance to major daughter in the exercise of powers under Section 125 Cr.P.C.—Respondent/daughter is also at liberty to claim maintenance under Section 20 of HAMA, 1956—The impugned order is hereby quashed and set aside. (Paras 15, 16,...
(A) Criminal Procedure Code, 1973, Section 125—Interim maintenance order—Challenged—The husband submitted that he was presently unemployed, and was not in a position to pay maintenance to wife—With respect to the issue of enhancement of maintenance for the son, the wife is at liberty to move the Family Court for the said relief—We cannot grant this relief in the present appeal, as it has been filed by the husband—The Judgment and order dated passed by the Family Court, affirmed.(Part-A—VIII, IX and X) (B) Criminal Procedure Code, 1925, Section 125—Hindu Marriage Act, 1955, Section 24 and 25—Maintenance—Multiplicity of proceedings—Overlapping jurisdictions of courts—Held, the nature and purpose of the relief under each Act is distinct and independent—But, the ...
Hindu Adoptions and Maintenance Act, 1956 Sections 19 and 22— Widow daughter-in-law—Interim maintenance—Claim of—Family Court has allowed the prayer partly and granted maintenance of Rs.40,000/- p.m.—Challenged—Held, the daughter-in-law have every right to claim the maintenance after the death of husband from the estate inherited by her father-in-law—The object with which the provision is made in the statute book for grant of interim maintenance cannot be ignored—No material illegalities in the impugned order— Therefore, maintenance awarded to daughter in law of Rs.40,000/- and to grandson of Rs.30,000/- justified—Petition fails, dismissed.(Paras 15, 17 to 19)...
Criminal Procedure Code, 1973, Section 125, 401 r/w 397—Protection of Women from Domestic Violence Act, 2005, Section 20—Interim maintenance—Simultaneous proceedings—Adjustment of—Held, interim maintenance allowance awarded u/s 125 of CrPC u/s 20 of the DV Act awarded by the Trial Court are of the same nature—It is not a separate amount, it is under or in addition to each other—The amount awarded by the trial court under any provisions of the DV Act, until and unless not specifically mentioned in the order, it should be adjusted with the order for awarding maintenance u/s 125 of CrPC—The revision is partly allowed and disposed of. (Paras 20 and 22) ...
The case pertains to the interpretation of Section 125 of the CrPC, specifically addressing interim maintenance—The Family Court, Kotdwar, in Miscellaneous Case No. 97 of 2018, ordered the revisionist to pay interim maintenance of Rs. 14,000 per month based on evidence of his salary—The revisionist challenged the order, arguing that a detailed point of determination and reasoning were required for awarding interim maintenance, referencing the Supreme Court ruling in Jaiminiben Hirenbhai Vyas—The Court held that while a final order under Section 125 requires reasons and points of determination, interim maintenance does not mandate such detailed scrutiny—The interim maintenance is meant to meet the applicant's immediate needs during the pendency of the main application, and a full adjudication of merits is not re...
Code of Criminal Procedure, 1973, Section 125 and 482—Interim maintenance—Granted by Family Court—Whether the petition under Section 482 of the Code of Criminal Procedure can be filed before the High Court against the order of interim maintenance passed by Family Court under second proviso of Section 125 of CrPC—Held, No —Interim maintenance order passed under second proviso of Section 125 of the Code of Criminal Procedure by the Family Court cannot be challenged under Section 482 of the Code of Criminal Procedure, 1973 because the remedy is available to challenge the said order in Section 19(4) of the Family Courts Act itself. (Para 32)...
Protection of Women from Domestic Violence Act, 2005, Section 23—Interim maintenance—An interim application under Section 23 seeking interim maintenance has been rejected by the trial court on the ground that the wife is equally qualified—Held, capacity to earn and actually earning are two different things—Qualification of the wife and the capacity to earn cannot be a ground to deny interim maintenance to a wife who is dependent and does not have any source of income.(Paras 4,7)...
Protection of Women from Domestic Violence Act, 2005, Section 12 and 23—Interim maintenance—Granted by trial court Rs. 55,000/- PM—The order is duly affirmed by appellate court—Hence, present revision—Held, the husband while paying interim maintenance does not do any charity—If wife and children are not in a position to maintain themselves, it is legal duty of the husband to maintain them irrespective of the fact whether he is earning more or less—It is apparent from the record that husband is earning 1.70 lakhs PM—He is obliged to give priority to his wife and son for maintaining them in a dignified manner—Revision has no substance—Accordingly dismissed. (Para 10, 11)...
Code of Criminal Procedure, 1973, Section 125—Interim maintenance—Enhancement of—Application for—The husband has contract with RO Water business—Website shows that husband engaged in IT Business wherein turnover shown as Rs. 50 lakhs to Rs. One Crore per annum—The website also shows that husband also engaged in business of sale and purchase of second-hand cars—Therefore, interim maintenance enhanced to Rs. 30,000/- from Rs. 10,000/- per month. (Para 15, 16, and 19)...
Criminal Procedure Code, 1973—Section 125—Interim Maintenance—Quantum—Challenge to Family Court’s order awarding maintenance of ₹5,000/- to wife and ₹2,500/- each to two minor children—Husband's plea of limited income from salary of ₹8,000/-—Family Court considered admitted income sources including agricultural land, tractor, and property sale—No documentary evidence to contradict income assessment—Children being school-going—Cost of living and education expenses taken into account—Writ petition dismissed. Family Court rightly awarded interim maintenance of ₹10,000/- in total, after due consideration of the petitioner’s admission regarding his income from salary, agricultural land, and other sources. Petitioner failed to produce material to disprove these ...
Civil Procedure Code, 1908—Section 151—Interim Maintenance—Justification for Grant—Scope and Limitations – In a suit involving a claim over joint family properties, the plaintiff filed an application under Section 151 CPC seeking interim maintenance—The Trial Court allowed the said application—On challenge, the High Court examined whether such interim relief could be granted in the absence of proof regarding the nature of the properties—The Court held that before interim maintenance can be granted from the alleged joint family properties, the plaintiff must first establish a prima facie case demonstrating that the properties in question are indeed joint family properties and that there has been no partition—The mere assertion of jointness without supporting material or proof does ...
Protection of Women from Domestic Violence Act,2005, Sections 23 and 12—Interim maintenance—Grant of—From the date of filing of substantive petition u/s 12 of the Act—Held, Section 23 of the DV Act does not provide a substantive right to parties but is a provision which empowers the trial court to pass an order granting interim maintenance—A Magistrate have the power to pass an order u/s 23 with effect from the date of filing of the substantive petition under Section 12 of the Act—No merit in the petition—Accordingly dismissed. (Para 16)...
Protection of Women From Domestic Violence Act, 2005 Section 23—Interim maintenance—Granted by trial court—Criminal revision against—Maintainability of—Held, maintainable—Since order passed under Section 23 though limited in its jurisdiction till the main proceedings is a final order, hence there is no Bar for entertaining a revision. (Para 15 to 17)...
Protection Of Women From Domestic Violence Act, 2005, Sec.12 — Interim maintenance under — Order of granting of, by the trial Court — Affirming of, by the Appellate Court — Petition against, basing on a BPL Certificate — Determination of — No such certificate or document ever placed before the trial Court or the Appellate Court — Rather appearing from the order in question that there being positive admission of the petitioner that after withdrawal of divorce petition, he started business of tent house — Running the business of tent house and belonging to BPL family being irreconcilable — Such certificate cannot be taken into consideration in such petition for alteration/modification or setting aside the order passed by the trial Courts, as the same never being p...
The Hindu Marriage Act, 1955, Sec.24—Interim monthly maintenance under—Awarding of—Quantum of—Correctness of—Appellant/husband drawing monthly salary of Rs.60,000/- and maintaining his age old mother and also widowed sister—Trial Court awarding Rupees twenty thousand per month for the respondent/wife and Rupees ten thousand per month for the child as interim monthly maintenance—Considering the quantum of monthly salary of the appellant High Court directing the appellant to pay an interim monthly maintenance of Rupees Five Thousand to the child—In other aspects, the amounts awarded by the trial Court just and reasonable, therefore, there being no modification. (Para – 10)...
(A) Hindu Marriage Act, 1955, Sec.24 - Application for interim maintenance - Dismissal of, by the Family Court - Justification of - The appellant-wife categorically admitting that the respondent-husband not being employed anywhere, having incurred heavy debts and could not even pay the rent for the premises in their occupation - Further, even before the Family Court, the appellant had not filed any documentary evidence to show the income of the respondent - In the absence of any documentary evidence, the Family Court wholly justified in dismissing the application filed by appellant for interim maintenance. (Para - 12) (B) Hindu Marriage Act, 1955, Sec.24 - Claim of maintenance under - Ascertainment of - The Court is required to examine the resourcefulness, wherewithal or financial capacity of wife or husband as the case may...
Hindu Marriage Act, 1955, Secs 24, 13B — Order of family court granting interim maintenance to wife for herself and her two daughters aged respectively 21 years and 16 years @Rs. 20,000/- per month — wife seeking to enhancement of the maintenance from Rs. 20,000/- per month to Rs. 60,000/- per month by filing writ petition under Article 227 of constitution of India — In view of the parties being ready and willing to put an end to the matrimonial dispute by obtaining a divorce by mutual consent under section 13-B of the Hindu Marriage Act, and the issue of permanent alimony payable by the husband may be taken care oof by the family court below at the time of passing decree under section 13-B of the Act — Parties relegater hecta to the family court for adopting the said course under section 13...
Criminal Procedure Code, 1973 (CrPC)—Section 125, Section 482—Appeal challenges a Punjab and Haryana High Court decision dismissing the appellant's plea under Section 482 of the Code of Criminal Procedure to quash interim maintenance orders for the respondent-wife. The High Court upheld the lower courts' orders granting Rs. 10,000 per month, but the Supreme Court, considering the appellant's income, which is about Rs. 9000 in hand after deductions, modified the maintenance amount to Rs. 5000 per month. The Court maintained the other terms and conditions set by the Magistrate. The appeal is disposed of accordingly. ...
Maintenance of Internal Security Act, 1971—Section 3—Detention order was upheld based on two incidents involving theft of batteries from stationary railway wagons. The perpetrators, armed with deadly weapons including bombs, attacked Railway Protection Force personnel during these incidents, successfully intimidating them on one occasion. Despite the petitioner not being named in the F.I.Rs. or identified by the R.P.F., private witnesses were hesitant to testify against him in court due to fear. The theft of batteries, crucial equipment for railway operations, disrupted train services, impacting the maintenance of essential services. The court affirmed that even if the wagons were stationary during the theft, the loss of such vital equipment still detrimentally affected the smooth and systematic operation of trains. Therefore,...