Leading Judgment on Maintainance :
*1. Reduced interim maintenance. (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).*
ЁЯМА
*2. 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.*
ЁЯМ╣
*3. Maintenance not granted as it is proved that wife wants to reside separately. No maintenance to deserting wife. (HC Chhattisgarh), Hbl J., L. C. Bhadoo, order on 15 -02-2004, Crl. Revision No. 544/2003, Shiv Kumar Yadav Vs Santoshi Yadav.*
ЁЯМА
*4. 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.*
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*5. Wife guilty of contempt of court, maintenance denied with cost. (HC Delhi), Hbl J. S. N. Dhingra, order on 25-01-2010, Cont. Case (C) 482 of 2008, Gurbinder Singh Vs Manjit Kaur.*
ЁЯМ╣
*6. 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.*
ЁЯМА
*7. 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.*
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*8. All states amends in Sec 125 CrPC is invalid. (SC), 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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*9. 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.*
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*5 STEPS TO WIN THE INTERIM MAINTENANCE*
ЁЯМА
*10. 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.*
ЁЯМА
*11. 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.*
*12. 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.*
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*13. 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.*
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*14. 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.*
ЁЯМ╣
*15. No Maintenance to wife, but only to child. (HC 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.*
ЁЯМ╣
*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. (HC Uttaranchal), Hbl J. Alok Singh, order on 18-11-2009, Crl. Rev. No. 201 of 2006, Smt. Archana Gupta & ors Vs Rajeev Gupta.*
ЁЯМА
*17. Wife should clear that she is unable to maintain herself. (HC Allahabad), Hbl J. B. Katju, order on 25-03-1976, Manmohan Singh Vs Smt. Mahindra Kaur. Citation No. 1976 Cri LJ 1664.*
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*18. No Maintenance if wife is working. (HC 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.*
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*19. Wife living separate troubled in family no maintenance. (HC 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
*20. All states amends in Sec 125 Crpc is invalid .(SC),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
25 LANDMARK DIVORCE JUDGMENTS ON MENTAL CRUELTIES BY WIFE
Marriages in India are considered as the unification of a girl and a boy for approval of social status in the society. Nowadays marriages are easily broken either due to the fault of the husband or the wife. Also, there were situations where the wife makes a false complaint against her husband. In most of such cases, the husband had no remedy because the laws of India are in favor of women.
Most of false cases are filed for Misuse of Dowry Laws, Domestic Violence Act and ‘Sec: 498-A’ of IPC by wife against husband and in-laws of husband through lodging false complaints, Desertion of wife who deliberately intending for separation , extra marital affairs, Wife opting for second marriage without applying for the divorce ,Threatening to leave husband’s home and threat to commit suicide by the wife. Cruel behaviour of wife, Abusing and accusing husband, Wife refusing to have sex with husband without any sufficient , filing FIR against husband and in-laws which has later proved as false report, Conduct and misbehaviour of the wife against husband, mental disorder or unsoundness of wife, Impotency of wife, illicit relationship of wife with some other person and Wife suffering from the filarial etc.
Here is list of top 25 cases where mental cruelty did by wife
1.SUPREME COURT OF INDIA: Dated 5 January 2007
“Demand for Domestic Expenses is not dowry”
2. DELHI HIGH COURT
“False 498A Being The Basis For A Divorce and False complaint family arrest ground for Divorce “
3. MADHYA PRADESH HIGH COURT: Dated 18 January 1996
“Divorce on filling False 498a and defame”.
4. ALLAHABAD HIGH COURT: Dated 4 February 2003
“False complaints by Wife eligible for Divorce”.
5. KERALA HIGH COURT: Dated 30 January 1997
“Filling Many Cases Lead to Divorce”
6. MADRAS HIGH COURT: Dated 15 December, 2006
“DNA test for paternity and Divorce”.
7.MADHYA PRADESH HIGH COURT: Dated 13 April 2006
“Divorce on False case, cruelty and desertion”
8. MUMBAI HIGH COURT: Dated 4 April 2007
“Ex-parte divorce to the husband when acquitted in 498a”.
9. MADHYA PRADESH HIGH COURT: Dated 13 April 2006
“Divorce on False case, cruelty, and desertion”.
10. DELHI HIGH COURT: Dated 13 December 2010
“Marriage between a Hindu and non-Hindu under HMA not valid”.
11.PUNJAB HARYANA HIGH COURT: Dated 4 February 2010
“ 6 Months waiver in divorce”.
12. HIMACHAL PRADESH HIGH COURT: Dated 18 November 1996
“ Burden is upon the woman to establish the paternity”.
13.MADHYA PRADESH HIGH COURT: Dated 28 February 2003
“Cruelty and Desertion grounds for Divorce”.
14.MADRAS HIGH COURT: Dated 26 July 2006
“Divorce on Denial of Sex”.
15. MADRAS HIGH COURT: Dated 21 July 2005
“Divorce on Cruelty, Desertion and Non consummated Marriage”.
16. SUPREME COURT OF INDIA: Dated 09-07-1991
“Conditions for the validity of Foreign Divorce Decree (NRI)”.
17. ANDHRA HIGH COURT: Dated 24 July 2006
“Divorce on impotency and Cruelty”.
18. MUMBAI HIGH COURT: Dated 2008
“Repeated Suicide threats amounts cruelty divorce ground”.
19. SUPREME COURT OF INDIA: Dated 2 May 1969
“ Divorce on No consummated Marriage”.
20.MUMBAI HIGH COURT
“Wife guilty of desertion & cruelty”.
21.MUMBAI HIGH COURT
“Dissolution of the marriage on the ground of desertion and cruelty”.
22.DELHI HIGH COURT: Dated 7 January 2010
“ 1 Year Separation before filling Section 13B and Waiver”.
23.SUPREME COURT OF INDIA
“Irretrievable Breakdown Grounds for Divorce”.
24. MUMBAI HIGH COURT
Wild allegations against spouse is cruelty
25. SUPREME COURT OF INDIA: Dated 7 November 2008
“ Pregnancy Aborted Divorce Granted “.
*1. Reduced interim maintenance. (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).*
ЁЯМА
*2. 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.*
ЁЯМ╣
*3. Maintenance not granted as it is proved that wife wants to reside separately. No maintenance to deserting wife. (HC Chhattisgarh), Hbl J., L. C. Bhadoo, order on 15 -02-2004, Crl. Revision No. 544/2003, Shiv Kumar Yadav Vs Santoshi Yadav.*
ЁЯМА
*4. 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.*
ЁЯМ╣
*5. Wife guilty of contempt of court, maintenance denied with cost. (HC Delhi), Hbl J. S. N. Dhingra, order on 25-01-2010, Cont. Case (C) 482 of 2008, Gurbinder Singh Vs Manjit Kaur.*
ЁЯМ╣
*6. 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.*
ЁЯМА
*7. 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.*
ЁЯНБ
*8. All states amends in Sec 125 CrPC is invalid. (SC), 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.*
ЁЯНБ
*9. 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.*
ЁЯМ╣
*5 STEPS TO WIN THE INTERIM MAINTENANCE*
ЁЯМА
*10. 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.*
ЁЯМА
*11. 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.*
*12. 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.*
ЁЯМА
*13. 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.*
ЁЯМ╣
*14. 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.*
ЁЯМ╣
*15. No Maintenance to wife, but only to child. (HC 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.*
ЁЯМ╣
*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. (HC Uttaranchal), Hbl J. Alok Singh, order on 18-11-2009, Crl. Rev. No. 201 of 2006, Smt. Archana Gupta & ors Vs Rajeev Gupta.*
ЁЯМА
*17. Wife should clear that she is unable to maintain herself. (HC Allahabad), Hbl J. B. Katju, order on 25-03-1976, Manmohan Singh Vs Smt. Mahindra Kaur. Citation No. 1976 Cri LJ 1664.*
ЁЯМ╣
*18. No Maintenance if wife is working. (HC 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.*
ЁЯМ╣
*19. Wife living separate troubled in family no maintenance. (HC 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
*20. All states amends in Sec 125 Crpc is invalid .(SC),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
25 LANDMARK DIVORCE JUDGMENTS ON MENTAL CRUELTIES BY WIFE
Marriages in India are considered as the unification of a girl and a boy for approval of social status in the society. Nowadays marriages are easily broken either due to the fault of the husband or the wife. Also, there were situations where the wife makes a false complaint against her husband. In most of such cases, the husband had no remedy because the laws of India are in favor of women.
Most of false cases are filed for Misuse of Dowry Laws, Domestic Violence Act and ‘Sec: 498-A’ of IPC by wife against husband and in-laws of husband through lodging false complaints, Desertion of wife who deliberately intending for separation , extra marital affairs, Wife opting for second marriage without applying for the divorce ,Threatening to leave husband’s home and threat to commit suicide by the wife. Cruel behaviour of wife, Abusing and accusing husband, Wife refusing to have sex with husband without any sufficient , filing FIR against husband and in-laws which has later proved as false report, Conduct and misbehaviour of the wife against husband, mental disorder or unsoundness of wife, Impotency of wife, illicit relationship of wife with some other person and Wife suffering from the filarial etc.
Here is list of top 25 cases where mental cruelty did by wife
1.SUPREME COURT OF INDIA: Dated 5 January 2007
“Demand for Domestic Expenses is not dowry”
2. DELHI HIGH COURT
“False 498A Being The Basis For A Divorce and False complaint family arrest ground for Divorce “
3. MADHYA PRADESH HIGH COURT: Dated 18 January 1996
“Divorce on filling False 498a and defame”.
4. ALLAHABAD HIGH COURT: Dated 4 February 2003
“False complaints by Wife eligible for Divorce”.
5. KERALA HIGH COURT: Dated 30 January 1997
“Filling Many Cases Lead to Divorce”
6. MADRAS HIGH COURT: Dated 15 December, 2006
“DNA test for paternity and Divorce”.
7.MADHYA PRADESH HIGH COURT: Dated 13 April 2006
“Divorce on False case, cruelty and desertion”
8. MUMBAI HIGH COURT: Dated 4 April 2007
“Ex-parte divorce to the husband when acquitted in 498a”.
9. MADHYA PRADESH HIGH COURT: Dated 13 April 2006
“Divorce on False case, cruelty, and desertion”.
10. DELHI HIGH COURT: Dated 13 December 2010
“Marriage between a Hindu and non-Hindu under HMA not valid”.
11.PUNJAB HARYANA HIGH COURT: Dated 4 February 2010
“ 6 Months waiver in divorce”.
12. HIMACHAL PRADESH HIGH COURT: Dated 18 November 1996
“ Burden is upon the woman to establish the paternity”.
13.MADHYA PRADESH HIGH COURT: Dated 28 February 2003
“Cruelty and Desertion grounds for Divorce”.
14.MADRAS HIGH COURT: Dated 26 July 2006
“Divorce on Denial of Sex”.
15. MADRAS HIGH COURT: Dated 21 July 2005
“Divorce on Cruelty, Desertion and Non consummated Marriage”.
16. SUPREME COURT OF INDIA: Dated 09-07-1991
“Conditions for the validity of Foreign Divorce Decree (NRI)”.
17. ANDHRA HIGH COURT: Dated 24 July 2006
“Divorce on impotency and Cruelty”.
18. MUMBAI HIGH COURT: Dated 2008
“Repeated Suicide threats amounts cruelty divorce ground”.
19. SUPREME COURT OF INDIA: Dated 2 May 1969
“ Divorce on No consummated Marriage”.
20.MUMBAI HIGH COURT
“Wife guilty of desertion & cruelty”.
21.MUMBAI HIGH COURT
“Dissolution of the marriage on the ground of desertion and cruelty”.
22.DELHI HIGH COURT: Dated 7 January 2010
“ 1 Year Separation before filling Section 13B and Waiver”.
23.SUPREME COURT OF INDIA
“Irretrievable Breakdown Grounds for Divorce”.
24. MUMBAI HIGH COURT
Wild allegations against spouse is cruelty
25. SUPREME COURT OF INDIA: Dated 7 November 2008
“ Pregnancy Aborted Divorce Granted “.
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