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Landmark Judgments and Articles on Law

Maintenance applicable from date of order

HIGH COURT OF JUDICATURE AT ALLAHABAD A.F.R. Reserved Judgment Court No. – 93 Case :- CRIMINAL REVISION No. – 2921 of 2018 Revisionist :- Pratima Singh Opposite Party :- State of U.P. and Another Counsel for Revisionist :- Rajiv Lochan Shukla,Anand Pati Tiwari,Chandra Shekhar Rai…

No Maintenance under Domestic Violence Act for “No Refusal Or Neglect” to maintain Wife

IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD CRIMINAL REVISION APPLICATION NO.233 OF 2018 1. SGK Age 33 yrs Occ Service 2. GJK Age 63 yrs Occ Pensioner 3. SGK Age 30 yrs Occ. Nil, All r/o Paldewar Complex, Behind Arya Bhavan…

Whether a woman who has accepted alimony under Customary divorce is entitled to get maintenance under Domestic violence Act?

IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD CRIMINAL REVISION APPLICATION NO.290 OF 2018 Gajanan S/o Parashram Rathod Vs Surekha Gajanan Rathod, CORAM : S. G. MEHARE, J. PRONOUNCED ON : 24.01.2023. 1. Rule. Rule made returnable forthwith and heard finally by…

Wife living in adultery is not entitled to maintenance

Kerala High Court Mariyumma vs Mohammed Ibrahim on 28 June, 1978 Equivalent citations: AIR 1978 Ker 231 Author: S Poti Bench: P N Pillai, P S Poti, G Vadakkel JUDGMENT Subbamonian Poti, J. 1. This revision is against an order passed by the Judicial Magistrate…

PAY MAINTENANCE : One time sex outside marriage is not Adultery

IN THE HIGH COURT OF DELHI AT NEW DELHI Reserved on : 25th February, 2022 Pronounced on: 13th April, 2022 CRL.REV.P. 417/2021, CRL.M.A. 19829/2021 & CRL. M.A.86/2022 SH PRADEEP KUMAR SHARMA ….. Petitioner Through: Ms. Annu Narula, Mr. Vishal Singh Mr. Ravi Kumar and Mr.Shiva…

Maintenance reduced – Child Custody, living in Adultery and Capable to earn

IN THE HIGH COURT OF DELHI AT NEW DELHI Date of decision: 21st DECEMBER, 2021 IN THE MATTER OF:CRL.REV.P. 710/2018 & CRL.M.As. 30389/2018, 12577/2021,14363-65/2021 COL RAMNESH PAL SINGH ….. Petitioner Through Petitioner – in person versus SUGANDHI AGGARWAL ….. Respondent Through Respondent – in person…

Wife Divorced By Husband On Ground Of Desertion Entitled To Maintenance ?

IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL NO(S).232-233 OF 2015 DR. SWAPAN KUMAR BANERJEE APPELLANT(S) VERSUS THE STATE OF WEST BENGAL & ANR. RESPONDENT(S) J U D G M E N T DEEPAK GUPTA, J. The short question raised in these…

After Divorce Wife is Entitled To Maintenance only If She Is Not ‘Living In Adultery’

IN THE HIGH COURT OF KERALA AT ERNAKULAM J U D G M E N T [ Mat.Appeal.325/2011, RPFC.75/2013, CO.92/2013, Mat.Appeal.153/2013, RPFC.286/2019 ] Shaffique, J. All these cases concern matrimonial dispute between the couple and hence heard and decided together. The short facts of the…

Adultery No maintenance u/s 125

Madras High Court S.S. Manickam vs Arputha Bhavani Rajam on 21 February, 1979 Equivalent citations: 1980 CriLJ 354 Bench: R Pandian ORDER Ratnavel Pandian, J. 1. By this revision petition, the respondent in M. C. No. 390 of 1975 on the file of the Judicial…

Maintenance Under S.125 Of CrPC. can be claimed even wife Waives Off Her Right

IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION WRIT PETITION NO.3439 OF 2016 Ramchandra Laxman Kamble …Petitioner vs. Shobha Ramchandra Kamble And Anr. …Respondents Mr. Sandeep S. Koregave, for the Petitioner. Mr. Nagesh Chavan, a/w. Mr. Nikhil Pawar, for Respondent No.1. CORAM…

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