The right of a wife for maintenance is an incident of the status or estate of matrimonial. In general, therefore, the husband is bound to defray his wife’s costs of any proceeding under this Act and to provide for all alimony, which expression in its strict sense means allowance due to wife from husband on separation from certain causes, has […]
Maintenance Case
In the case of Sudeep Chaudhary vs Radha Chaudhary – AIR 1999 SC 536, wife had filed an application under Section 125 of Code of Criminal Procedure and was awarded the maintenance @ of Rs.350/- per month and was subsequently enhanced to Rs.500/- per month. In the proceeding under the Hindu Marriage Act, 1955 also interim alimony was sought by […]
![Rohtash Singh Versus Smt. Ramendri and others[ ALL SC 2000 MARCH]](https://advocatetanmoy.com/wp-content/uploads/2018/07/supreme-court-of-india.jpg)
Now, adultery is the sexual intercourse of two persons, either of whom is married to a third person. This clearly supposes the subsistence of marriage between the husband and wife and if during the subsistence of marriage, the wife lives in adultery, she cannot claim Maintenance Allowance under Section 125 of the Code of Criminal Procedure.
KEYWORDS:-Muslim Husband – Second Marriage- Maintenance – AIR 1987 SC 1103 : (1987) 2 SCR 773 : (1987) 2 SCC 285 : JT 1987 (2) SC 55 : (1987) 1 SCALE 672 : (1987) CriLJ SC 980 (SUPREME COURT OF INDIA) Begum Subanu alias Saira Banu and another Appellant Versus A.M. Abdul Gafoor Respondent (Before : A. P. Sen And […]
KEYWORDS:-Maintenance to Muslim wife- DATE:- 23-04-1985- whether the law of Islam is capable of evolution ? AIR 1985 SC 945 : (1985) 3 SCR 844 : (1985) 2 SCC 556 : (1985) 1 SCALE 767 : (1985) CriLJ SC 875 (SUPREME COURT OF INDIA) Mohd. Ahmed Khan Appellant Versus Shah Bano Begum and others Respondent (Before : Y. V. Chandrachud, C.J.I., […]
Keywords: Preliminary Inquiry in Maintenance Case AIR 1960 SC 882 : (1960) 3 SCR 431 : (1960) CriLJ SC 1246 (SUPREME COURT OF INDIA) Nand Lal Misra Appellant Versus Kanhaiya Lal Misra Respondent (Before : K. Subba Rao And J. C. Shah, JJ.) Criminal Appeal No. 64 of 1958, Decided on : 01-04-1960. The procedure does not contemplate a Preliminary […]
Irretrievable breakdown of the marriage is not a ground by itself AIR 1994 SC 710 : (1993) 3 Suppl. SCR 796 : (1994) 1 SCC 337 : JT 1993 (6) SC 428 : (1993) 4 SCALE 488 (SUPREME COURT OF INDIA) V. Bhagat Vs Mrs. D. Bhagat (Before: Kuldip Singh And B. P. Jeevan Reddy, JJ.) I. A. No. 1 […]
19-03-1975- Keywords-Preponderance of probabilities-Second Appeal-Condonation of matrimonial offence-Sexual Life⇒ The evidence of condonation consists here in the fact that the spouses led a normal sexual life despite the respondent’s acts of cruelty. respondent was guilty of cruelty but the appellant condoned it and the subsequent conduct of the respondent is not such as to amount to a revival of the […]
18-10-2013-Badshah Keywords:-Legally wedded wife-Maintenance-summary remedy- The Court as the interpreter of law is supposed to supply omissions, correct uncertainties, and harmonize results with justice through a method of free decision IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION CRIMINAL MISCELLANEOUS PETITION No.19530/2013 IN SPECIAL LEAVE PETITION (CRL.) No.8596/2013 Badshah ….Petitioner Versus Sou.Urmila Badshah Godse & Anr. …Respondents J U […]
Keywords: Maintanance Both parents are obliged to pay maintenance to child in proportion to their salary AIR 2000 SC 1398 : (2000) 2 SCR 621 : (2000) 4 SCC 266 : (2000) 2 SCALE 589 (SUPREME COURT OF INDIA) PADMJA SHARMA Appellant Versus Ratan Lal Sharma Respondent (Before: D. P. Wadhwa And M. B. Shah, JJ.) Civil Appeal No. 2462 […]
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