According to Hindu Marriage Act, 1955 and the Hindu Adoption and Maintenance Act, 1956, divorce maintenance is where the husband provides alimony or financial support to the wife even after judicial separation. Basically not only to the wife, but also to the children and wife’s parents who are equally entitled to receive financial support from the husband. The wife can seek maintenance from her husband under Section 125 of the Code of Criminal Procedure, 1973
- Smt Chand Dhawan vs Jawaharlal Dhawan
Here, the husband and wife were married in 1972 and thereafter in 1985 decided for mutual divorce and filed a petition. They were from Amritsar. But the petition was dismissed. Later, the husband again filed a petition for divorce in Ghaziabad stating that his wife was indulged in adultery. The court passed an order saying that the wife should get maintenance but the husband did not pay the same. The wife again filed a petition for permanent maintenance and alimony under Section 25 of Hindu Marriage Act. From the District court to High court to Supreme court, the petition was filed as appeals and the court declared that a decree of conjugal rights or judicial separation has to be passed first and only then will the wife be entitled to maintenance.
- Bhuwan Mona Singh vs Meena & Ors. 1947
In this case, The Supreme court gave a judgement that the wife after divorce has the right to claim for permanent maintenance and interim maintenance under section 125 of CrPC. The court ordered that the husband should pay maintenance charges of 2500/- to wife and 1500/- to son. The same situation occurred in Sunita Kachwala vs Anita Kachwala.
- Binita Das vs Uttam Kumar, 2019
In this present case, the wife and husband both were earning members. Due to problems of domestic violence against the wife, she filed a petition for judicial separation and divorce. The wife also claimed for maintenance as they had children too. The Delhi High court gave a judgement that the wife is entitled to maintenance and the magistrate cannot deny that. Just because she is earning that does not mean she is not entitled to maintenance.
- Dr Kulbhushan vs Raj Kumari & Anr, 1970 AIR 234
Here, the husband and wife were married in 1945. But after some time, the husband did not want to live with her wife and left her. One daughter was born in 1946. She tried to contact her husband but he did not keep in touch. Later in 1954, she filed a petition for divorce and maintenance. The high court granted divorce and ordered the husband to pay 25% of his income to the wife and Rs 150 to the daughter.
- Manokaran vs Devaki, AIR 2003
In this case, the husband filed a petition for divorce and thereby the wife claimed maintenance under pendente lite. The husband stated that his wife was working and she is able to maintain herself. The court gave a judgement that despite the fact that she is earning, she is entitled to receive interim maintenance of 750/- month along with litigation expenses of 1500/-.
- Captain Ramesh Chander vs Veena Kaushal
In the present case, both of them got married and also had two daughters. But later after some years, the wife stated that the husband had very angry issues and tantrums when he joined the airlines. He was neglecting his wife and their children. Many arguments were made. The husband filed a petition for divorce through civil court and the wife claimed maintenance. Looking after this matter, the high court fixed the maintenance charge of 400/ month to the wife as a provisional charge. The magistrate also gave a judgement stating that along with 400/- the husband will also have to pay an amount of 1000/- for the two children and the wife’s mother.
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