Search Results for "wife's earning capacity"

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Search Results for "wife's earning capacity"

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High Court

Bombay High Court Partially Allows Wife's Revision and Dismisses Husband's Revision in Maintenance Case Under Section 125 Cr.P.C. — Enhancement of Maintenance Granted to Wife and Child Based on Husband's Income and Inflation.

14 Mar 2018

The case involves two criminal revision applications arising from a common judgment and order dated 15th & 17th February, 2014 passed by the Family Co...

High Court

Bombay High Court Quashes Husband's Maintenance Claim Under Section 24 Hindu Marriage Act — Able-bodied Qualified Husband Not Entitled to Interim Maintenance from Wife. Court holds that a husband who is well-qualified and capable of securing employment cannot claim maintenance from his wife under Section 24 of the Hindu Marriage Act, 1955, as the provision is intended to prevent vagrancy and destitution, not to enable an able-bodied spouse to avoid work.

13 Nov 2025

The petitioner wife challenged an order of the Family Court, Nagpur, dated 17.07.2025, which directed her to pay interim maintenance of Rs.5,000 per m...

High Court

Gujarat High Court Allows Wife's Revision Against Rejection of Maintenance Under Section 125 CrPC — Holds That Mere Educational Qualification Does Not Disentitle a Wife to Maintenance If She Is Unemployed and Unable to Maintain Herself. The Court set aside the Family Court's order which had rejected maintenance solely on the ground that the wife holds an MBA degree and is capable of earning, without any evidence of actual income.

30 Mar 2026

The applicant wife filed a criminal revision application under Sections 397 read with 401 of the Code of Criminal Procedure, 1973, challenging the jud...

Supreme Court

Supreme Court Dismisses Husband's Appeal Against Maintenance to Divorced Wife — Holds That Divorced Wife Is Entitled to Maintenance Under Section 125 Cr.P.C. Even If Divorce Was Granted on Ground of Desertion. The Court Ruled That Sub-section (4) of Section 125 Cr.P.C. Does Not Apply to Divorced Women and That Delay in Filing Maintenance Petition Is Not a Bar.

19 Sep 2019

The Supreme Court dismissed the appeals filed by Dr. Swapan Kumar Banerjee against the State of West Bengal and another, challenging the maintenance a...

High Court

Bombay High Court Allows Wife's Petition Under Article 227, Quashes Husband's Interim Maintenance Order Under Section 24 Hindu Marriage Act. Able-bodied Qualified Husband Not Entitled to Maintenance from Wife as He Can Maintain Himself.

13 Nov 2025

The petitioner wife challenged an order of the Family Court, Nagpur, dated 17.07.2025, which directed her to pay interim maintenance of Rs.5,000 per m...

High Court

Bombay High Court Sets Aside Family Court Order Disturbing Child Custody Based on Consent Without Welfare Inquiry. The court held that a custody order under Section 8 of the Guardians and Wards Act, 1890 cannot be passed solely on consent without considering the welfare of the child.

8 Dec 2016

The case involves an appeal by the father (Appellant 'A') against a Family Court order dated 15 July 2014 that disturbed the custody of his two minor ...

High Court

High Court of Karnataka Enhances Maintenance for Wife and Minor Children Under Section 125 Cr.P.C. — Rejects Family Court's Denial of Maintenance to Wife and Inadequate Quantum for Children. Wife Entitled to Maintenance Unless Living in Adultery or Refusing to Live Without Sufficient Reason; Quantum Enhanced to Rs.5,000 for Wife and Rs.3,000 per Child per Month.

24 Jan 2024

The revision petition was filed by the wife and four minor children challenging the order dated 22.03.2019 passed by the III Additional Principal Fami...

Supreme Court

Supreme Court Dismisses Husband's Appeal Against Maintenance to Divorced Wife — Holds That Divorced Wife Is Entitled to Maintenance Under Section 125 Cr.P.C. Even If Divorce Was on Ground of Desertion. Sub-section (4) of Section 125 Cr.P.C. Does Not Apply to Divorced Women as There Is No Obligation to Live with Ex-Husband After Divorce.

19 Sep 2019

The Supreme Court dismissed the appeals filed by Dr. Swapan Kumar Banerjee against the State of West Bengal and another, challenging the maintenance a...

High Court

Bombay High Court Enhances Maintenance for Minor Daughter in Divorce Case — Husband's Income Considered for Quantum. The court held that maintenance under Section 26 of the Hindu Marriage Act, 1955 must be adequate and proportionate to the father's income, enhancing the monthly maintenance from Rs.10,000 to Rs.15,000.

3 Feb 2015

The appellant-wife, Mrs. Nayana S. Gobbur, filed a Family Court Appeal before the Bombay High Court challenging the judgment and decree dated 2nd Sept...

High Court

Bombay High Court Allows Husband's Petition for Restitution of Conjugal Rights and Dismisses Wife's Petition for Maintenance Under Section 125 CrPC — Wife's Refusal to Return to Matrimonial Home Without Reasonable Excuse Constitutes Desertion. The court held that a wife who deserts her husband without reasonable excuse is not entitled to maintenance under Section 125 CrPC and the husband is entitled to restitution of conjugal rights under Section 9 of the Hindu Marriage Act, 1955.

1 Apr 2005

The judgment concerns two cross-petitions arising from a matrimonial dispute between Rajashree alias Vanita (wife) and Rajesh Nagesh Dixit (husband). ...

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