Wife Can Claim Maintenance From Husband Even If She Doesn't Live With Him As Per Decree On Conjugal Rights Restitution : Supreme Court

There is no hard and fast rule that husband can deny maintenance to wife merely because she doesn't live with him, the Court said.

Parents & Senior Citizens Act - Maintenance Tribunal Has Power To Order Eviction & Transfer Of Possession : Supreme Court

The Supreme Court has clarified that a Tribunal under the Maintenance and Welfare of Parents and Senior Citizens Act, 2007 has the power to order the eviction and transfer of possession.Without such a power, the objectives of the 2007 Act - which are to grant speedy, simple and inexpensive remedies to elderly citizens- would be defeated, the Court said.A bench comprising Justice CT Ravikumar...

Wife's Financial Independence No Bar To Grant Alimony If It's Necessary To Secure Dignity & Social Standing Post-Divorce: Supreme Court

The Supreme Court observed that maintenance can be granted despite the financial independence of a party if it is necessary to secure dignity, social standing, and financial stability post- divorce, especially in cases where the marriage has subsisted for a long period.A bench comprising Justice Vikram Nath and Justice PB Varale made with observation while granting Rs 50 lakhs as...

Ex-Husband Can't Be Expected To Maintain Ex-Wife As Per His Present Status All Life; Alimony Not To Equalise Wealth : Supreme Court

The Supreme Court has observed that a divorced wife cannot seek permanent alimony just to attain equal wealth status with the ex-husband. The Court expressed reservtions with tendency in matrimonial proceedings to seek maintenance or alimony as an "equilisation of wealth with the other party."While the wife is entitled to be maintained, as far as possible, to the same standards of life to...

Maintenance Right Of Wife & Children Overrides Creditors' Claims Under SARFAESI/IBC On Husband's Assets : Supreme Court

While giving precedence to the maintenance rights of a man's wife and children over the rights of creditors under recovery proceedings, the Supreme Court recently observed that right to maintenance is equivalent to a fundamental right and shall have an overriding effect over statutory rights of creditors, etc. under business laws."the right to maintenance is commensurate to the right...

Permanent Alimony Shouldn't Penalize Husband But Should Ensure Decent Living For Wife : Supreme Court Lists Out Factors

The Supreme Court on Tuesday (Dec. 10) directed a husband to grant permanent alimony of Rs. 5 Crores to the wife as a one-time settlement upon dissolution of the marriage. While directing the same, the bench comprising Justices Vikram Nath and Prasanna B. Varale stressed the father's obligation to maintain and care for his child and directed the husband to make a provision of Rs. 1 Crore...

S. 14 HSA | Hindu Woman Can Claim Absolute Ownership Of Property Possessed Under Her Antecedent Maintenance Right: Supreme Court

The Supreme Court observed that a Hindu woman can claim absolute ownership if the property is tied to her antecedent maintenance right.The bench comprising Justice CT Ravikumar and Justice Sanjay Karol observed that under Section 14(1) of the Hindu Succession Act, 1956 ("HSA"), for a possessory right to be transformed into full ownership, it must be established that the Hindu woman holds...

During Divorce Proceedings, Wife Entitled To Enjoy Same Life Amenities She Was Enjoying In Matrimonial Home : Supreme Court

While awarding Rs.1.75 Lakhs as monthly interim maintenance to a wife during the divorce proceedings, the Supreme Court observed that the wife is entitled to the same standard of living during the divorce proceedings as what she enjoyed during the marriage.“The appellant (wife) was accustomed to a certain standard of living in her matrimonial home and therefore, during the pendency of...

Indian Husbands Must Financially Empower Their Wives Who Don't Have Independent Source Of Income : Supreme Court

In a notable Judgment delivered by the Supreme Court regarding the right of the Muslim woman to claim maintenance from her husband under Section 125 Cr.P.C., the Court has adverted to the vulnerability suffered by married women in India particularly 'Homemakers' who do not have an independent source of income and the problems faced by them in routine life due to not having access to...

Muslim Women Illegally Divorced Through Triple Talaq Can Seek Maintenance Under Section 125 CrPC : Supreme Court

The Supreme Court has held that a Muslim woman, who has been illegally divorced by the pronouncement of triple talaq, is entitled to seek maintenance from her husband as per Section 125 of the Code of Criminal Procedure.This right is in addition to the remedy provided under the Muslim Women (Protection of Rights on Marriage) Act 2019, which specifies that a woman, who has been subjected to...

Divorced Muslim Woman Can Seek Maintenance From Husband Under S.125 CrPC In Addition To Remedy Under 1986 Act : Supreme Court

The Supreme Court today (July 10) held that a divorced Muslim woman is entitled to file a petition for maintenance against her ex-husband under Section 125 of the Code of Criminal Procedure. The Court held that this right of a Muslim woman is in addition to the right under the Muslim Women (Protection of Rights on Divorce) Act 1986.The Bench of Justices BV Nagarathna and Augustine George...

[Article 142] Supreme Court Issues Directions For Sale And Attachment Of Assets To Clear Arrears Of Maintenance To Woman Abandoned By Husband

The Supreme Court recently directed sale of ancestral property of a man to pay arrears of maintenance of Rs. 1.25 Crores to his wife under its inherent powers under Article 142. A bench of Justice Ravindra Bhat and Justice Aravind Kumar relied on decisions of the Apex Court in Subrata Roy Sahara V Union Of India [2014] 12 SCR 573 and Delhi Development Authority V. Skipper Construction 1996...