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Category: Maharashtra

JUDGEMENTS on Divorce, Alimony and 498a

1.  MUMBAI HIGH COURT  :  Dated 4 Feb 2005

Maintenance not granted as it is proved that wife wants to reside separately.

2.  MUMBAI HIGH COURT  : Dated Apr 2008.

Maintenance not granted as it is proved no reason to leave husbands.

3.  CHENNAI HIGH COURT  : Dated 21 June 2002

Maintenance Denied

4.  CHENNAI HIGH COURT  : Dated 21 Feb 2003

No Maintenance For Working Women

5.  MADHYA PRADESH HIGH COURT : Dated 24 March 2000

No Interim/Maintenance for Capable, Working Women

6. DELHI HIGH COURT  : Dated 28 July 2008

She was earning and she had not come to the Court with clean hands.

7. MADRAS HIGH COURT : Dated 22 Feb 2008

Wife Troubled -No Maintenance

8. SUPREME COURT  : Dated 23 March, 2009

SC Judgement on HMA24 – Wife working no maintenance


Maintenance awarded in two sections to be offset


Old Parents, Maintenance reduced.

11. MUMBAI HIGH COURT: Dated 22 February, 2008

Perjury in 125 crPc

12. MADHYA PRADESH HIGH COURT: Madhuri Bai vs Minor Surendra Kumar And Anr. on 24 April, 1998

Child can claim maintenance u/s 125 from mother

13. MADRAS HIGH COURT: S.Chandra vs C.V.Sridharan on 21 February 2007

Claim alimony within 6 Months of Divorce

14. DELHI HIGH COURT: Sanjay Bhardwaj & Ors. vs The State & Anr. on 27 August, 2010

Unemployed man can not be forced to pay Maintenance

15. SUPREME COURT OF INDIA: Ines Miranda vs Santosh K Swamy dated 14 december 2010

TRANSFER PETITION – Payment to Husband

16. MUMBAI HIGH COURT : Dated  17 July, 1991

Same relief (maintenance)cannot be asked twice in two different courts 


Vexatious petition, maintenance,relief is declined 

18. BOMBAY HIGH COURT :  Dated 14 March 2011

Perjury Judgement : Rigorous imprisonment for False Case


Maintenance claim based on Affidavit dismissed

20. PUNJAB – HARYANA HIGH COURT: Dated  17 February 2011

Maintenance claim based on Affidavit dismissed


Husband Property Not Counted in Maintenance

22.  HIGH COURT OF P & H :  Dated 28 July 1961

Maintenance not based on Arthmetic Calculation

23. DELHI HIGH COURT  : Dated 1 September, 2010

Claim of high status of husband not sufficient for interim maintenance

24.  DELHI HIGH COURT  : Dated 30 August, 2010

Multiple Maintenance petitions are not allowed

25. SUPREME COURT OF INDIA : Dated 20 July, 2010

Reduced Intrim Maintenance

26.  SUPREME COURT OF INDIA : Dated  11 June, 1993

No Maintenance

27. MUMBAI HIGH COURT :  Dated  18 July, 2009

No Maintenance to Wife if RCR By Husband Suicceed


Permanent Alimoney Cancelled.

29. MUMBAI HIGH COURRT: Dated 2010

Income Tax and Maintenance


30. MUMBAI HIGH COURRT: Dated 18 November 2010

Income tax returns cannt decide Maintenance 

31. MADHYA PRADESH HIGH COURT: Dated 29 August 1991

Challenging the rejected interim maintenance 

32. PUNJAB HARYANA HIGH COURT: Dated 25 January, 2010

False affidavit, perjury procedure in 24 HMA 

33. DELHI HIGH COURT  : Dated 7 September 2006

Divorce withdrawn – Maintance to be paid

34. DELHI HIGH COURT: Dated 16 November 2004

Father In Law not responsible for Residence

35. KARNATAKA HIGH COURT: Dated 22 September, 1992

Women to Prove ligitimacy of child for maintenance


Bank Account Details and confidentiality 

37. BOMBAY HIGH COURT: Dated  15 September, 2004

Return of Stridhan,Alimony and Hidding Past


38. GAUHATI HIGH COURT: Dated  23 April, 2004

Guardianship within 2 Months 

39. DELHI HIGH COURT : Dated  9 March, 2010

Fine for Delaying tactics by Lawyer 


Central Information Commission – CIC Order in Passport Details

41. UTTARANCHAL HIGH COURT : Dated25 October 2010

No Maintenance u/s125Crpc for working Women

42. UTTARANCHAL HIGH COURT :  Dated  18November,2009

No Maintenance u/s Crpc 125 if wife deserts husband

43. DELHI HIGH COURT: Dated  22 September, 2010

Maintenance formula evolved by judges for wife and child – PWDVA

44. MADRAS HIGH COURT: Dated  20 November 2006

Mother is not always right person for custody

45. SUPREME COURT: Dated 2 March 2001

Rules for Child Custody

46. SUPREME COURT: Dated  23 March 2004

Illegitimacy of child is not with Family court

47. DELHI HIGH COURT: Dated  10 September 2008

No maintenance to Capable wife

48. MADRAS HIGH COURT: Dated  4 November 2006

Husband has to prove his Earning

49. SUPREME COURT OF INDIA: Dated  5 June 2007

Section 125 Cr.P.C.Proceedings under are civil in nature.

50. SUPREME COURT OF INDIA : Dated  15 December, 2006

Wife has no Right on Monther in Law’s Property 

51. KERALA HIGH COURT : Dated 10 December, 2010

Kerla HC accepts the easy misuse of DV

52. SUPREME COURT OF INDIA: Dated  9 November, 2010

Double jeopardy applies to same offence, not same facts

53. DELHI HIGH COURT : Dated  29 July, 2010

Family members of NRI husband cannot be accused in DV case 

54. DELHI HIGH COURT : Dated  18 September, 2008

No maintenance to earning spouse 

55. MADRAS HIGH COURT : Dated  10 January, 2003

Alimony can be granted even to an erring spouse 

56.PUNJAB-HARYANA HIGH COURT : Dated  23 September, 2009

False case and Damage



False Dv and Women Failed to Prove it


Domestic Violence to be Proved


3rd Party Passport Details are Allowed

60. SUPREME COURT OF INDIA : Dated  4 November, 1997

Habeas Corpus for Custody and Visitation

61. DELHI HIGH COURT : Dated  25 October, 2010

Petitioner must claim she is unable to maintain herself for relief of maintenance 

62. ALLAHABAD HIGH COURT : Dated  25 March, 1976

Petitioner must claim she is unable to maintain herself for relief of maintenance 

63. KARNATAKA HIGH COURT : Dated 13 February, 1980

She should prove that she is unable to maintain herself in addition to the facts that her husband has sufficient means

to maintain her and that he has neglected to maintain her 

64. KARNATAKA HIGH COURT : Dated  22 August, 2005

No maintenance for earning wife

65. DISTRICT COURT , SAKET, DELHI : Dated  18 Nov 2010

Employable wife not entitled to maintenance.

66. DISTRICT COURT , SAKET, DELHI : Dated 24 March 2008

An NRI wins an interim maintenance case


Hyderabad Family court, unclean hands, no maintenance 

68. DELHI HIGH COURT: Dated  17 April 2007

Conditions when maintenance to be paid


69. SUPREME COURT OF INDIA : Dated  11 January, 2011

All State Amendments in Sec. 125 are invalid 

70. SUPREME COURT OF INDIA : Dated 17 February, 2006

Habeas Corpus for girl child custody to Father 

71. SUPREME COURT OF INDIA : Dated 28 April, 2005

Habeas Corpus dismissed in Custody Appeal 

72. SUPREME COURT OF INDIA : Dated  21 November, 2006

Custody to reMarried women 

73. MADRAS HIGH COURT : Dated 25 January, 2006

Habeas Corpus on Custody to Father 

74. MADRAS HIGH COURT : Dated 6 February, 2006

Habeas Corpus for Custody on Death 

75. KERALA HIGH COURT : Dated  December, 2010

NBW cannot be issued for non payment of maintenance 


CIC – Income Tax Details of FIL are public 

77. UTTARANCHAl HIGH COURT : Dated  17 March, 2011

HC Quash Maintenance 

78. MUMBAI HIGH COURT :Dated  13 September, 1995

No multiple maintenance claims

79. SUPREME COURT OF INDIA : Dated  9 October, 1985

Magistrate can grant interim maintenance ?

81. SUPREME COURT OF INDIA : Dated  16 February, 2000

Habeas Corpus in Custody 

82. MADRAS HIGH COURT : Dated  27 March, 2007

Habeas Corpus in Divorce / Custody Petition 

83.SUPREME COURT OF INDIA : Dated  17 October, 1974

Separate income of the wife can be taken into account in determining the amount of maintenance payable to her 

84. DELHI HIGH COURT : Dated  31 January, 2003

HMA moveable property can not be termed as Income 

85. DELHI HIGH COURT : Dated  18 September, 2008

Maintenance On Actual Earnings


86. DELHI HIGH COURT : Dated  30 September, 2008

Parents can kickout their Children


87. DELHI HIGH COURT : Dated  28 March, 2000

Liability of maintenance of children is co-extensive


88. GUJRAT HIGH COURT : Dated on 21 October 2010

No Multiple maintenance 

89. DELHI HIGH COURT : Dated  12 October, 2009

DV can be filed anywhere 

90. MADRAS HIGH COURT : Dated  28 October, 2010

Magistrate should not blindly call all family members as respondents 

91. DELHI HIGH COURT : Dated  4 October, 2010

DVA only against who are in domestic relationship

92. DELHI HIGH COURT : Dated  20 September, 2010

How to decide domestic relationship in DVA 

93. DELHI HIGH COURT : Dated  8 February, 2010

Frivolous petition claiming damages dismissed 

94. DELHI HIGH COURT : Dated  7 January, 2010

Maintenance, Women fined, Contempt of Court 

95. ANDHRA HIGH COURT : Dated  15 November, 1995

Maintenance to illegitimate Child ? 


RTI – Husband can get Wife PF details

97. ANDHRA HIGH COURT : Dated  31 March, 1989

Maintenance arrears for 1 year only ! 

98. SUPREME COURT OF INDIA : Dated  6 December, 2005

Fine for forcibly taking away Child 

99. MADRAS HIGH COURT : Dated  28 February, 2007

Family Court Jurisdiction

100. SUPREME COURT OF INDIA : Dated  2 March 2000

Wife is not entitled to maintenance who has deserted her husband,

101. SUPREME COURT OF INDIA : Dated  03 December 2009

No Maintenance If Wife Lies 

102. SUPREME COURT OF INDIA : Dated  28 April 2009

Take EMI Into Cosideration in Maintenance 


No alimony to Women who desert her husband 

104. SUPREME COURT OF INDIA : Dated 23 February, 2009

Interim maint increase illegal as no income proof produced 

105. SUPREME COURT OF INDIA : Dated 20 July, 2010

Interim maint amt shuld be based on status of both part 

106. CHATTISGARAH HIGH COURT : Dated 15 February, 2004

No maintenance for a deserting wife 

107. RAJASTHAN HIGH COURT: Dated 22 January, 1999

No maintenance for a deserting wife 

108. BOMBAY HIGH COURT : Dated 26 February, 2010

Interim maintenance cannot be increased based on husband’s salary hike.

109. GUJARAT HIGH COURT : Dated 9 February, 2011

Childrens has to maintain parents. 

110. SUPREME COURT OF INDIA : Dated 20 July 2011

Meaning of unable to maintain 

111. SUPREME COURT OF INDIA : Dated 27 November 2007

Unable to maintain herself in Maintenance 

112. DISTRICT & SESSION JUDGE DELHI : Dated 28th August 2010

Landmark Judgement for DV Case

113. CHENNAI HIGH COURT : Dated 26th August 2010

Perjury Case 

114. ALLAHABAD HIGH COURT : Dated 19 January, 2010

Wife fined 10,000/- in Perjury case but Husband fighting for further action!! 

115. DELHI HIGH COURT : Dated 18 August, 2010

Every allegations do not justify initiation of prosecution under 340 CRPC 

116. KARNATAKA HIGH COURT : Dated 15 March, 2001

Petition under CrPC 340 must be decided only at the end 

117. ALLAHABAD HIGH COURT : Dated 09 Janurary 2003

Perjury application must be decided first before proceeding with the case 

118. SUPREME COURT OF INDIA : Dated 14 November, 1994

No one should indulge in immoral acts like perjury, prevarication and motivated falsehoods : 2 weeks Jail 

119. GUJARAT HIGH COURT  : Dated 18 August, 2010

Petitioner aggreed for perjury – Gujrat HC told to deposit 25K as probable fine 

120. SUPREME COURT OF INDIA : Dated 1 December, 2010SC judgement in CrPC 340 wrt Chartered Accountants Act

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