
Bombay High Court: Man Must Pay Maintenance to Wife Even If Facing Financial Issues
The Bombay High Court ruled that a man cannot escape paying maintenance to his estranged wife and children, even if he is facing financial difficulties.
The Bombay High Court ruled that a man cannot escape paying maintenance to his estranged wife and children, even if he is facing financial difficulties.
The Chhattisgarh High Court ruled that under Section 125 of CrPC, the term ‘wife’ includes not just a lawfully wedded wife but also a woman married through the performance of necessary rites, ensuring broader legal protection for women.
The Supreme Court denied maintenance to a working wife with a sufficient salary while awarding ₹30,00,000 for child maintenance in the divorce case between Kusum Bhatia and Sagar Sethi.
The Delhi High Court ruled that rejecting a maintenance application in divorce proceedings does not prevent a wife from seeking maintenance under Section 125 CrPC, as the provision is distinct in its scope and purpose.
The Indore Sessions Court ruled that a wife has the right to live according to her husband’s standard of living. Failing to provide basic needs amounts to economic domestic violence.
The Madhya Pradesh High Court clarified that directing a husband to submit his salary slip in a maintenance case is not a violation of privacy or constitutional rights. It helps determine fair maintenance for the wife and children.
The Delhi High Court ruled that occasional adultery does not amount to “living in adultery” under Section 125(4) CrPC, allowing a wife to claim maintenance. The court emphasized the need for continuous adultery to refuse maintenance.
The Supreme Court emphasized that maintenance should provide financial stability without being punitive. In Rajnesh vs. Neha, the court outlined guidelines for determining fair alimony, ensuring transparency between spouses.
The Karnataka High Court doubled a stay-at-home mother’s maintenance, acknowledging that caring for children is a full-time job. The court dismissed the husband’s claims of financial instability and increased her maintenance from ₹18,000 to ₹36,000.
The Madras High Court has ruled that a wife and children from a second marriage are entitled to maintenance under Section 125 CrPC, even if the first marriage is still legally valid. This decision came as the court dismissed a petition challenging a Family Court’s order for maintenance.