Supreme Court Orders Husband To Pay Rs. 1.25 Crores Permanent Alimony To Wife While Dissolving Marriage

The Supreme Court has directed a husband to pay ₹1.25 crore as permanent alimony to his wife while dissolving the marriage on the ground of irretrievable breakdown under Article 142 of the Constitution.The bench comprising Justices Vikram Nath and Sandeep Mehta heard the appeal arising out of a Madras High Court's order which set aside the divorce decree granted in favour of the husband by...

Alimony From First Divorce Irrelevant To Determine Alimony From Second Marriage : Supreme Court

The Court dissolved the marriage after the husband agreed to gift a 4-crore worth flat in Mumbai to the wife as permanent alimony.

Supreme Court Sets Aside Bail Condition Requiring Husband To Resume Conjugal Life With Wife & Maintain Her With Dignity

The Supreme Court recently set aside the Jharkhand High Court's decision to impose a pre-arrest bail condition that the accused shall resume conjugal rights with his wife and maintain her with dignity and honour as his lawful wife. The bench comprising Justices Dipankar Datta and AG Masih called out the imposition of such a condition not traceable to Section 438 (2) Cr.P.C. “The...

Supreme Court Reviews Order Granting Custody To Father After Child Developed Stress Due To Separation From Mother

The Supreme Court set aside its previous order affirming a Kerala High Court judgment granting permanent custody of a minor child to his biological father. Allowing the mother's review petition, a bench of Justice Vikram Nath and Justice Prasanna B. Varale restored custody to the mother, citing serious concerns over the child's psychological health following the earlier custody decision.The...

Divorced Wife Remaining Unmarried Entitled To Maintenance Reflective Of Standard Of Life She Had During Marriage: Supreme Court

The Supreme Court, in a recent ruling has enhanced the permanent alimony payable to the wife to ₹50,000 per month, nearly doubling the amount previously awarded by the Calcutta High Court, to ensure that she can live with the standard of living she enjoyed during the marriage and which reasonably secures her future.The Court observed that the appellant-wife, who has remained unmarried and...

Senior Citizens Act Doesn't Mandate Eviction Of Children From Parents' Home In Every Case : Supreme Court Rejects Mother's Plea To Evict Son

The Court observed that it was not necessary and mandatory to pass an eviction order in every case under the Senior Act.

Permanent Alimony & Interim Maintenance Can Be Granted Even When Marriage Is Void Under Hindu Marriage Act : Supreme Court

Answering a reference, the Supreme Court today (February 12) ruled that permanent alimony and interim maintenance under the Hindu Marriage Act, 1955 can be granted even when the marriage has been declared void."A spouse whose marriage has been declared void under Section 11 of the 1955 Act is entitled to seek permanent alimony or maintenance from the other spouse by invoking Section 25 of...

'Oral Undertaking Falls Within Scope Of Arbitration Clause' : Supreme Court Upholds Award Against Husband For Operation In Wife's Demat Account

The Supreme Court today (February 10) held that an oral contract undertaking joint and several liability falls within the scope of an arbitration clause.Holding so , the Court affirmed an arbitral award against a husband, finding him jointly liable for the award due to a debit balance in a joint demat account registered in his wife's name.The Court rejected the contention that the...

Wife, Separated From 1st Husband, Can Claim Maintenance From 2nd Husband Though 1st Marriage Not Legally Dissolved: Supreme Court

The Supreme Court ruled that a woman is entitled to claim maintenance under Section 125 of the Cr.P.C. from her second husband, even if her first marriage was not legally dissolved. The Court clarified that a formal decree of dissolution is not mandatory. If the woman and her first husband mutually agreed to separate, the absence of a legal divorce does not prevent her from seeking...

Presumption That Husband Is Father Of Child Born During Marriage Not Displaced Even If Wife Had Relations With Another Man : Supreme Court

The Supreme Court today (January 28) reaffirmed that a child's legitimacy determines paternity, emphasizing that a child born during a valid marriage is presumed to be the legitimate offspring of parents who had access to each other at the time of conception. The Court dismissed the argument that legitimacy and paternity are distinct concepts requiring separate determination. It held...

Bail In Marital Disputes Can't Be Conditional On Payment Of Maintenance : Supreme Court

In a case arising out of a matrimonial dispute, the Supreme Court recently set aside a bail condition making the husband's anticipatory bail subject to payment of maintenance to the wife."When application for bail is filed, the Court is required to impose such bail conditions which would ensure that the appellant does not flee from justice and is available to face Trial. Imposing conditions...

Maintenance Proceedings Under S.125 CrPC Are Civil Proceedings Though Breach May Result In Penal Consequences: Supreme Court

The Supreme Court noted that maintenance proceedings under Section 125 of the Cr.P.C. are essentially civil in nature and should not be equated with criminal proceedings merely because they involve a penal consequence.“even if non-compliance with an order for payment of maintenance entails penal consequences, as may other decrees of a Civil Court, such proceedings would not qualify as or...