Supreme Court of India Judgements

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Category: Maintenance

Maintenance

Hindu Marriage Act, 1956 — Sections 12 and 13 — Family Courts Act, 1984 — Sections 6 and 9 — Irretrievable breakdown of marriage — Where the parties have agreed to a divorce but are in dispute over maintenance or permanent alimony, the court must determine the quantum of maintenance based on a balanced consideration of various factors, including the financial status of both parties, the standard of living during the marriage, and the reasonable needs of the dependent spouse — The court should aim to ensure that the dependent spouse is not reduced to destitution, while also avoiding an unreasonable financial burden on the other spouse.

Feb 4, 2025 sclaw

2025 INSC 135 SUPREME COURT OF INDIA DIVISION BENCH SAU. JIYA Vs. KULDEEP ( Before : Vikram Nath and Prasanna B. Varale, JJ. ) Civil Appeal No….of 2025 (SLP (C)…

Maintenance

Hindu Adoption and Maintenance Act, 1956 – Section 18 – Maintenance to wife – Enhancement of – Husband serving as Assistant Manager, BSNL and his salary is Rs. 1,05,871 (Rupees One Lakh Five Thousand Eight Hundred and Seventy One) per month – Monthly maintenance enhanced form Rs. 10,000 to Rs. 20,000

Feb 4, 2024 sclaw

SUPREME COURT OF INDIA DIVISION BENCH YAGWATI @ POONAM — Appellant Vs. GHANSHYAM — Respondent ( Before : Vikram Nath and Satish Chandra Sharma, JJ. ) Civil Appeal Nos. 1318-1319…

Joint Family Property Maintenance

Constitution of India, 1950 – Article 142 – (CrPC) – S 125(3) – Maintenance to wife – Fails to comply with the order for payment of maintenance – Husband abandoned the wife, and virtually fled to Australia – Recovery of arrears of maintenance on the ground that she lives with her widowed mother, on whom she is dependent expenses. for including litigation expenses – This Court is not powerless, but can issue appropriate directions, and even decrees, for doing complete justice between the parties – In other words, the power under Article 142 is meant to supplement the existing legal framework – Directions issued for sale of joint/coparcenary property

Nov 1, 2023 sclaw

SUPREME COURT OF INDIA DIVISION BENCH MANMOHAN GOPAL — Appellant Vs. THE STATE OF CHHATTISGARH AND ANOTHER — Respondent ( Before : S. Ravindra Bhat and Aravind Kumar, JJ. )…

Maintenance

(CrPC) – Section 125 – Maintenance to wife and minor child – Husband is required to earn money even by physical labour, if he is an able-bodied, and could not avoid his obligation, except on the legally permissible grounds mentioned in the statute – Direction issued to husband shall pay maintenance amount of Rs. 10,000/- per month to wife.

Oct 8, 2022 sclaw

SUPREME COURT OF INDIA DIVISON BENCH ANJU GARG AND ANOTHER — Appellant Vs. DEEPAK KUMAR GARG — Respondent ( Before : Dinesh Maheshwari and Bela M. Trivedi, JJ. ) Criminal…

Maintenance

The issue of maintenance has to be decided afresh by the concerned court/family court in accordance with law, taking into account all relevant factors including the income of the respective spouses, the number of persons actually dependent on the spouses etc. The parties shall make a disclosure of their income, assets, savings, etc. before the concerned court.

Jan 13, 2022 sclaw

SUPREME COURT OF INDIA DIVISION BENCH UMA PRIYADARSHINI S. — Appellant Vs. SUCHITH K NAIR — Respondent ( Before : Indira Banerjee and J.K. Maheshwari, JJ. ) Civil Appeal Nos.…

Maintenance

IMP : (Cr.PC) – S 125 – Maintenance in all cases will be awarded from the date of filing the application for maintenance. For enforcement/execution of orders of maintenance, an order or decree of maintenance may be enforced under S 28A of the H M A, 1956; S 20(6) of the D.V. Act; and S 128 of Cr.P.C., as may be applicable – Order of maintenance may be enforced as a money decree of a civil court as per the provisions of the CPC, more particularly Ss 51, 55, 58, 60 r.w. Order XXI.

Nov 4, 2020 sclaw

SUPREME COURT OF INDIA DIVISION BENCH RAJNESH — Appellant Vs. NEHA AND ANOTHER — Respondent ( Before : Indu Malhotra, and R. Subhash Reddy, JJ. ) Criminal Appeal No. 730…

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