In the case of  Tilak Kumari & Anr. vs Sh. Anand  the Delhi High Court had to determine the interim maintenance under section 18 and 20 of the Hindu Adoption and Maintenance Act. The Court  relied on the judgement of K Lalchandani vs Smt  Meenu Lalchandani as follows: “ This court held that wife and children have to be put…

The Supreme Court held that a minor child so long as he is minor can claim maintenance from his or her father or mother. Under this Section it is as much the obligation of the father to maintain a minor child as that of the mother. It is not the law that however affluent mother may be, it is not…

The Supreme Court in the case of Smt. Jasbir Kaur Sehgal vs The District Judge Dehradun & Ors,  faced the issue of fixation of maintenance. Th Supreme Court held that : “The wife  is aggrieved only because of the paltry amount of maintenance fixed by the court. No set formula can be laid for fixing the amount of maintenance. It…

In the case of Dr. E. Shanthi vs Dr. H.K. Vasudev, the respondent husband had filed for divorce. the petitioner wife had filed an application under section 24 of the hindu marriage act for interim maintenance of Rs 5000 per month and litigation expenses of 50,000/. The above application under section 24 was dismissed by the trail court on the…

The quantum of maintenance awarded to the wife who is working was reduced as it was an admitted fact that the husband was also paying a maintenance amount to his mother which equaled around Rs. 5000 and the wife was a working woman. The maintenance amount was reduced from 6000 to 5000 per month. Click here to view the judgement

The issue before the Bombay High Court was whether the interim maintenance granted to the wife and the sons were reasonable and if they were excessive. In the following case the petitioner submitted the tax returns of the last 3 years for the determination of the above issue. However the court held that it would be absurd to consider the…

Rohtash Singh vs Smt. Ramendri And Ors on 2 March, 2000  :                                                                                            Special Leave Petition (crl.)  2763 of 1999 This Judgement by the Supreme Court revolves around the issue which is whether a wife against whom a decree for divorce has been passed on account of her deserting the husband can claim Maintenance Allowance under Section 125 Cr. P.C. and…

Manokaran @ Ramamoorthy vs M. Devaki on 21 February, 2003   Wherein a wife was earning more than her husband who was himself earning merely Rs. 2000 per month, the Family Court Madras had passed an order wherein the said man was meant to pay Rs. 750 to his wife as interim maintenance. Aggrieved by the said order, the husband…

Dipti Mohanty @ Kanungo & Another vs Surya Prakash Mohanty on 12 September, 2014 Wherein the wife had left the company of her husband and he had gotten a decree for restitution of conjugal rights, the wife’s own maintenance application was rejected by the Cuttack Family Court . It is the contention of the husband (the appellant)  she (the appellant)…

The Delhi High Court has held that “Family‟, being the natural and fundamental unit of society, is entitled to protection of its integrity against arbitrary interference by the State.” Hence when a Pakistani woman was residing in India on a long term visa, a notice was served on her to leave India within 15 days from date of receipt. The…