FIRST LAW

The Hindu Marriage Act, 1955 – Section 25 - Permanent Alimony and Maintenance - In order to claim permanent alimony by a wife, what is to be considered is the amount required by the wife to maintain a standard of living which is neither luxurious nor penurious, but should be modestly consistent with the status of the family.

The Code of Criminal Procedure, 1973 – Section 125 - The Protection of Women from Domestic Violence Act, 2005 - Sections 20 and 23 - Monetary Reliefs - An order under Section 20 DV Act is not restricted by an order under section 125 Cr.P.C.

Maintenance – Compromise Decree - Whether the compromise decree passed by the court in the litigations between the father and the mother would preclude the daughters from claiming maintenance from the father – Held, The right of the daughters to get maintenance from the father was not forfeited by virtue of the agreement/compromise entered into between the mother and the father.

While fixing an interim maintenance court has to take a prima facie view of the matter and need not to critically examine the respective claims of the parties regarding their respective incomes and assets because for deciding the same the evidence would be required. But, at the same time, an aggrieved person cannot be rendered to lead a life of a destitute till completion of trial.  It is also pertinent to note that as per the dictionary meaning of the word 'maintenance', it includes all such means of living as would enable one to live in the degree of comfort, suitable and becoming to his situation of life. It is said to include anything requisite to housing, feeding, clothing, health, proper recreation, vacation, traveling expenses or other proper cognate purposes.  For computing the maintenance, the following test have been laid down by Hon'ble Apex Court in Jasbir Kaur Sehgal vs. District Judge, Dehradun & Ors. 1997 (7) SCC 7 , wherein it has been ob...

Criminal Procedure Code, 1973 - S. 125 -  Order for maintenance of wives, children and parents -  Application for interim maintenance has to be decided on the basis of affidavit.

Criminal Procedure Code, 1973 -  Section 125(1) -  Even a divorced wife is entitled to get maintenance from her husband.

The Gujarat High Court on Wednesday, October 21, 2015 in Simaben Maheshbhai Soni Vs. State of Gujarat held that “the wife may be earning in thousands, but that would not absolve the husband from his legal liability to maintain his wife.” Justice J.B. Pardiwala observed that even if the wife is earning, that by itself will not absolve the husband from his liability to pay the requisite maintenance under Section 125 of the Code of Criminal Procedure or under the provisions of the Domestic Violence Act. The only reason assigned by the Courts below for not awarding any amount of maintenance to the wife is that she being a Notary Public had a good income and if she is earning, then the husband should not be fastened with the liability of maintaining his wife. In my view, both the Courts below have committed a serious error of law resulting in miscarriage of justice, t he Order said. By this writ application under Article 227 of the Constitution of India, the petitioner wife...