Search Results for "maintenance arrears"

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High Court of Karnataka Quashes Arrest Warrant in Maintenance Case — Failure to Consider Objections and Lack of Proper Service Render Order Unsustainable. Family Court directed to reconsider husband's objections in proceedings under Section 125 CrPC after ensuring proper service of notice.

The petitioner, Sri Sailesh Kumar, filed a writ petition under Article 227 of the Constitution of India before the High Court of Karnataka at Bengalur...

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High Court of Karnataka Quashes Family Court Order Denying Interim Maintenance to Wife and Children in Domestic Violence Case — Held That Maintenance Cannot Be Denied on Ground of Wife's Earning Capacity Without Assessing Actual Income and Needs of Children.

The petitioners, Smt. Shylaja S.R. (wife) and her two minor sons, filed a writ petition under Articles 226 and 227 of the Constitution of India challe...

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High Court of Karnataka Allows Husband's Petition in Part, Reduces Maintenance Awarded to Wife Under Section 24 of Hindu Marriage Act, 1955. Court Holds That Maintenance Must Be Based on Actual Income and Needs, Not Conjecture.

The petitioner, Sri N. Girish (husband), filed a writ petition under Article 227 of the Constitution of India challenging an order dated 31-10-2022 pa...

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Bombay High Court Dismisses Husband's Petition Challenging Execution of Maintenance Arrears. Private Settlement and Customary Divorce Cannot Defeat Enforceability of Final Maintenance Order Under Section 125 CrPC.

The petitioner husband, Dhanaji Keshav Kamble, filed a Criminal Writ Petition in the Bombay High Court (Aurangabad Bench) challenging an order passed ...

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High Court of Karnataka Allows Second Appeal in Property Dispute Between Husband and Wife — Sale Deed by Wife Upheld as Valid. The court held that a Hindu wife has an independent right to alienate her share of property and that a child marriage does not automatically invalidate a subsequent sale.

The respondent, Mallayya, filed a civil suit (O.S. No.127/1994) seeking a declaration that he was the owner of land bearing Survey No.94/2B measuring ...

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Bombay High Court Upholds Striking Off Defence for Non-Payment of Maintenance in Family Court Proceedings. Failure to Pay Interim Maintenance Under Section 18 of Hindu Adoption & Maintenance Act, 1956 Justifies Striking Off Defence Under Order 39 Rule 11 CPC.

The petitioner-husband and respondent-wife married on 3.5.1983. Marital discord led to multiple proceedings: the wife filed for divorce under Section ...