February 12, 2019 Case name: Shaikh Basid v. The State of Maharashtra In the case, the appellant husband challenged Family […]
Showing posts from Tag: maintenance
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January 24, 2019 Case name: Sachin Gupta v. Rachana Gupta In the case, the Petitioner has challenged the Trial Court’s […]
January 07, 2019 In a recent case, the High Court of Kerala while deciding maintenance case under Section 125 of […]
December 28, 2018 In an interesting judgment, the Bombay High Court has ruled that an agreement wherein the wife waives […]
November 12, 2018 In this recent case, Rajesh v. Sunita & ors. the High Court of Punjab & Haryana has held […]
Observing that the businessman has been switching his versions from time to time, the judges concluded “It also indicates that the respondent (businessman) has done this with the object of avoiding his liability to pay maintenance to the appellant –his minor son. It can also be gathered that the respondent has in fact made false statement on oath before the family court that he is earning a salary and that he is not a businessman, which is very serious”.
A divorced wife cannot be characterized as a wife living separately by mutual consent. A divorced wife is a person who lives separately from her former husband by virtue of a change in status consequent upon the dissolution of the marriage.
The court also took note of Section 21-B of the Act and said that “Section 21-B of the Hindu Marriage Act provides for an expeditious trial — to be concluded within a period of six months. However, the disposal of petitions before the trial courts takes many years.”
Worse still for the defendant, the court turned down her appeal in the custody battle, thus leaving the door open for the father to win the custody of the two children.
Bombay High Court observes that a wife who deserts her husband without any just or sufficient cause is not entitled […]