20 Important Maintenance Judgments in favour of Husband and rejecting claim of wife against maintenance under CrPC 125 - Case laws with citations

 

Following are the 20 most important Judgments / Orders passed by Hon'ble Supreme Court of India, High Courts and Central Information Commission favouring husband and rejecting claims of wife. Court decision, Case details and citations are also described. Court decision and subjects covered are:

  1. Reduced interim maintenance
  2. Wife is not entitled to maintenance who deserted her husband
  3. Maintenance not granted as it is proved that wife wants to reside separately. No maintenance to deserting wife
  4. Husband can get PF details of wife
  5. Wife guilty of contempt of court, maintenance denied with cost
  6. Children have to maintain their parents
  7. Conditions when maintenance to be paid
  8. All states amends in Sec 125 CrPC is invalid
  9. Wife should clear that she is unable to maintain her. No maintenance to enable wife who deserted her husband
  10. Maintenance on actual earning
  11. Maintenance denied for working wife
  12. No maintenance for capable and working wife
  13. No maintenance to earning wife, only to children
  14. No Maintenance to working wife in 125 CrPC
  15. No Maintenance to wife, but only to child
  16. No maintenance U/s 125 CrPC when wife deserts hubby without cause and also she is earning. No Maintenance to capable wife, but only to child and no maintenance to wife living in adultery
  17. Wife should clear that she is unable to maintain herself
  18. No Maintenance if wife is working
  19. Wife living separate troubled in family no maintenance

 

 

Court Decision Name of Court Case Details
Reduced interim maintenance Supreme Court (SC), Hbl J. R. M. Lodha, order on 20-07-2010, Appeal No. 5660 of 2010, Arising SLP (C) No. 6736 of 2007, Neeta Rakesh Jain Vs Rakesh Jeetmal Jain. Citation No. AIR 2010 SC 3540; (2010) 12 SCC 242; 2010 (7) JT I 76 (SC)
Wife is not entitled to maintenance who deserted her husband Supreme Court Bench Hbl JJ. S. Ahmed & D. Wadhwa, order on 02-03-200, AIR 2000 SC 952, 2000(2) ALD Cri 15, 2000Cr. LJ 1498, Rohtash Singh Vs Smt. Ramendrei & Ors. Citation No. (2000) 3 SCC 180; JT 2000 (2) SC 553
Maintenance not granted as it is proved that wife wants to reside separately. No maintenance to deserting wife High Court of  Chhattisgarh Hbl J., L. C. Bhadoo, order on 15 -02-2004, Crl. Revision No. 544/2003, Shiv Kumar Yadav Vs Santoshi Yadav
Husband can get PF details of wife CIC, Delhi Decision No. 1816/ IC (A) 2008, F No. CIC/MA/A/2007/00583, Prof M.M. Ansari, order on 10 Jan 2008
Wife guilty of contempt of court, maintenance denied with cost High Court of Delhi Hbl J. S. N. Dhingra, order on 25-01-2010, Cont. Case (C) 482 of 2008, Gurbinder Singh Vs Manjit Kaur

 

 

 

Court Decision Name of Court Case Details
Children have to maintain their parents High Court Gujrat Hbl J. Akhil Kureshi, order on 09-02-2011, CR RA/759 of 2009, 4/4, Hasmukhbhai Narayan Bhai Viramiya Vs State & Ors
Conditions when maintenance to be paid High Court Delhi Mr. Pradeep Nandrajog J., order reserved on 02-04-2007, order on 14-04-2007, CM (M) No. 367 of 2007, Alok Kumar Jain Vs Purnima Jain. Citation No. 2007 (96) DRJ 115
All states amends in Sec 125 CrPC is invalid Supreme Court of India Bench Hbl M. Katju, Gyan Sudha Mishra JJ., order on 11 Jan 2011, Crl Appeal No. 107 of 2011, SLP (Crl) No. 6568 of 2009, Manoj Yadav Vs Pushpa Yadav. Citation No. 2011 : 1 L.W. (Crl.) 520
Wife should clear that she is unable to maintain her. No maintenance to enable wife who deserted her husband High Court Karnataka Bench Hbl J. M. Patil, order on 13-02-1980, Haunsabai Vs Balkrishna Krishna Badigar. Citation Nos. 1981 Cri LJ 110; ILR 1980 KAR 612; 1980 (2) Kar LJ 158
Maintenance on actual earning High Court Delhi Hbl J. Shiv Narayan Dhingra, order reserved 25-07-2008, order on 18-09-2008, CM (M) No. 1790 of 2006 and CM No. 1435 of 2006, Ritu Raj Kant Vs Anita. Citation No. 154 (2008) DLT 505
Maintenance denied for working wife High Court Madras Hbl A. S. Venkatachalamoorthy J., order on 21-06-2002, Kumaresan Vs Aswathi. Citation No. (2002) 2 MLJ 760
No maintenance for capable and working wife High Court Maharastra Hbl J. C. Chitre J., order on 24-03-2000, Smt. Mamta Jaiswal Vs Rajesh Jaiswal. Citation No. 2000 (4) MPHT 457; II (2000) DMC 170
No maintenance to earning wife, only to children High Court Karnataka Hbl K. Manjunath J., order on 22-08-2005, AIR 2005 Kant 417, ILR 2005 KAR 4981, Dr. E. Shanthi Vs Dr. H K. Vasudev
No Maintenance to working wife in 125 CrPC High Court Madras Hbl P. Sathasivam J., order on 21-01-2003, Manokaran @ Ramamoorthy Vs M. Devaki. Citation Nos. AIR 2003 Mad 212; I (2003) DMC 799; (2003) I MLJ 752 (Mad), CMP No. 16264 of 2002

 

 

 

Court Decision Name of Court Case Details
No Maintenance to wife, but only to child High Court of Mumbai Hbl J. B. L. Marlapalle, order on 18-7-2009, Appeal No. 20 of 2005 and 144 of 2005, Smt. Manju Kamal Mehra Vs Kamal Puskar Mehra. Citation Nos. 2010 AIR (Bom) 34; 2009 (5) AIIMR 798; Legal/ 360.in 114983; LS/Bom/2009/1374
No maintenance U/s 125 CrPC when wife deserts hubby without cause and also she is earning. No Maintenance to capable wife, but only to child and no maintenance to wife living in adultery High Court of  Uttaranchal Hbl J. Alok Singh, order on 18-11-2009, Crl. Rev. No. 201 of 2006, Smt. Archana Gupta & ors Vs Rajeev Gupta
Wife should clear that she is unable to maintain herself High Court of Allahabad Hbl J. B. Katju, order on 25-03-1976, Manmohan Singh Vs Smt. Mahindra Kaur. Citation No. 1976 Cri LJ 1664
No Maintenance if wife is working High Court of Uttaranchal Hbl J. Dharamveer, order on 25-10-2010, Crl Rev. No. 88 of 2002, Vikas Jain Vs Deepali @ Ayushi. Citation No. LAWS (UTN) 2010-1-36
Wife living separate troubled in family no maintenance High Court of Madras Hbl J. P. R. Shiva Kumar, order on 22-02-2008, Crl. R. C. No. 1491 of 2005, Marimuthu Vs Janaki. Citation No. AIR 2003 Mad 212; I (2003) DMC 799; (2003) I MLJ 752
All states amends in Sec 125 CrPC is invalid Supreme Court of India Bench Hbl M. Katju, Gyan Sudha Mishra JJ., order on 11 Jan 2011, Crl Appeal No. 107 of 2011, SLP (Crl) No. 6568 of 2009, Manoj Yadav Vs Pushpa Yadav. Citation No. 2011 : 1 L.W. (Crl.) 520

 

 

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