Orders on Interim Maintenance Applications under various laws

Posted on October 24 by ShadesOfKnife

A collection of some decisions on Interim Maintenance Applications under various laws.

Interim Maintenance Orders under Hindu Marriage Act 1955

Anju and Anr Vs Rinku Dahiya on 11 Oct 2023 [DHC: HMA 24 is not to equalize the parties; If NRIs involved, PPPI (Purchase Power Parity Index) has to be used; Interim Maintenance reduced]
H P Komala Vs N Ravikumar on 29 Jul 2024 [KarHC: Stay of divorce proceedings until arrears of interim maintenance is paid]
Sreenivas Motupalli Vs Anjana Taggarse Motupalli on 15 Oct 2024 [TelHC: Wife Holding Immovable Properties & Substantial Income Does Not Need Interim Maintenance]
Amarnath Vs J.Remabarathi on 22 Aug 2025 [MadHC: Wife Holding Immovable Properties & Substantial Income Does Not Need Interim Maintenance To Live Comfortably]

Interim Maintenance Orders under Hindu Adoptions and Maintenance Act 1956

Interim Maintenance Orders under Section 144 BNSS [Section 125 CrPC]

K.R.Arun vs M.Latha on 22 September, 2014 [KarHC: Interim is reduced in S24 HMA, to Rs.2000/- from Rs.3000/-, until assets information is received in court]
Binita Dass Vs Uttam Kumar on 9 Aug 2019 [DHC: Wife who is independent and have source of income, can be a ground to deny interim maintenance]
Rangesh Srinivasan Vs Madhulika Bawa on 07 Jun 2023 [DHC: Stay on Interim Maintenance Order without any pre-condition; relied on Sabina Sahdev and Ors Vs Vidur Sahdev on 9 Jul 2018]
Zahir Obdullah and Anr Vs Omar Abdullah on 31 Aug 2023 [DHC: Interim enhanced to 1.5 lakhs from 75,000; despite the law providing, Court granted maintenance to major children!]
K.L Rangaswamy Vs Sharadha. D on 20 Mar 2024 [KarHC: Unclean hands; Liable for perjury; Interim Maintenance denial Order upheld]
Mahima Vs Ved Prakash Patel on 27 May 2024 [MPHC: Interim granted from the date of filing the Income Affidavit; 25% of income as Interim]
Dr. Virender Kumar Vs State of UP and Anr on 16 Oct 2024 [AllHC: Once there is categorical allegation of adultery against the wife (attracting Section 125(4) Cr.P.C.), then the court concerned dealing with the matter under Section 125 Cr.P.C. has to decide the issue of adultery and even interim maintenance can be awarded only after recording a finding on that issue]
Ratheesh Vs Sreelakshmi and Ors on 14 Mar 2025 [KHC: Even to dispose Interim Maintenance Applications, call for affidavits]
Megha Khetrapal Vs Rajat Kapoor on 19 Mar 2025 [DHC: No Interim Maintenance for previously working wife]
Vinod Kumar K Vs Chaitra N on 3 Apr 2025 [KarHC: Unclean hands; Liable for perjury; Interim Maintenance denial Order upheld; Refund of Interim Maintenance amount ordered]
Naveen Kumar Vs Kavita on 01 Jul 2025 [DHC: When ad interim Maintenance can be granted; Interim Maintenance cannot be granted without an Interim Maintenance application]
N.Santhosh Kumar Vs S.Priyadarshini on 25 Oct 2025 [MadHC: Lied on the Income Affidavit, so interim maintenance reduced]
Tasmeer Qureshi Vs Asfia Mazaffar on 29 Oct 2025 [DHC: Courts must assess income before fixing interim maintenance and remanded the matter for fresh determination.]
Arshi Parveen Vs Maqsood on 5 Jan 2026 [DHC: Courts can assess a husband’s income on minimum wages where financial disclosure is incomplete and enhanced interim maintenance under Section 125 Cr.P.C.]

Interim Maintenance Orders under Protection of Women from Domestic Violence Act, 2005

Abhijit Bhikaseth Auti Vs State Of Maharashtra and Anr on 16 September, 2008 [BomHC: Before granting an interim relief under sub-section 1, an opportunity of being heard is required to be granted to the respondent.]
Krishnamurthy Nookula Vs Savitha Y on 9 December, 2009 [KarHC: Audi Alterum Partem, Magistrate must conduct Inquiry in the nature of summary trial before Interim Maintenance]
Hemlataben Maheshbhai Chauhan Vs State of Gujarat on 21 October, 2010 [GujHC: Since wife was already getting maintenance under Section 125 of CrPC, Court denied interim maintenance in DVC]
Santosh Sashkant Dhonde Vs Sarika Santosh Dhonde and Ors on 11 September, 2014 [BomHC: Hearing before Interim Orders]
Monojit Banerjee Vs Shalini Banerjee on 3 October, 2016 [KarHC: Hold an inquiry and then record a finding as to grant interim relief or not]
Ajay Kumar Vs Lata @ Sharuti on 08 April 2019 [SC: BIL pays interim maintenance]
Altaf Ahmad Zargar and Anr Vs Sana Alias Ruksana and Anr on 02 Sep 2022 [JKHC: After WS, Magistrate may dismiss the DVC and cancel any interim orders passed]
Bhanu Kiran Vs Rahul Khosla and Ors on 28 Feb 2023 [PHHC: Interim Orders passed by Magistrate are appealable. Sessions Court can pass Interim Orders]
Kavitha M Vs Raghu on 16 Mar 2023 [KarHC: No need to conduct Inquiry in the nature of summary trial before passing Interim reliefs; Over rules Krishnamurthy Nookula Vs Savitha Y on 9 December, 2009]
Rangesh Srinivasan Vs Madhulika Bawa on 07 Jun 2023 [DelHC: Stay on Interim Maintenance Order without any pre-condition; relied on Sabina Sahdev and Ors Vs Vidur Sahdev on 9 Jul 2018]
Palaparthi Shebha and Anr Vs State of AP and Anr on 16 Jul 2024 [APHC: Interim maintenance order is made effective from the date of petition and not from date of Order]
Rama Vs Sandeep Purkayastha and Anr on 01 May 2025 [West/THC/Delhi: Arrears for the purpose of interim maintenance shall start from the date of compliance i.e., filing of the income affidavit and not from the date of application seeking interim maintenance]
Jyotirmoy Biswas Vs State of West Bengal and Anr on 5 May 2026 [CalHC: Ad-interim maintenance also only after RvN Affidavits; No DV still maintenance to daughter (This is perverse and hopefully be set aside by Supreme Court in a future case) ]
Rakesh Sharma Vs Manju Devi and Ors on 12 May 2026 [Interim Maintenance to wife modified from Date of Application to Date of Order]
Ravi S Vs Sahana Devi A and Ors on 18 Jun 2026 [KarHC: Interim Maintenance to wife set aside as she is having more income than husband]

Back to Maintenance Judgments index here.

Judgments around Issuance of Police Clearance Certificate

Posted on September 12 by ShadesOfKnife

From 2021-2025

Pasagadula Sai Kiran Vs UOI and Ors on 04 Aug 2022 [APHC: Issue of Police Clearance Certificate is not a voluntary service]
Vennapusa Mythri Vs The State of AP and Ors on 3 Oct 2023 [APHC: When a representation has been filed for Police Clearance Certificate, it is obligatory on the respondent-police to issue the said certificate mentioning the details of the cases in which petitioner is involved]

From 2026-2030

Peter T.V Vs District Police Chief and Anr on 03 Aug 2026 [KerHC: Police Clearance certificates cannot be withheld merely because an applicant has a pending case]

Link to the MASTER Index here.

Antics of Advocates in India

Posted on August 14 by ShadesOfKnife

Antics of Police Personnel in India

Posted on August 14 by ShadesOfKnife

A ‘small’ list of cases where police personnel has crossed their limits and performed acts outside their duty.

From 2011 – 2020:

Raghuvansh Dewanchand Bhasin Vs State of Maharashtra and Anr on 9 September 2011 [SC: Police issued NBW against advocate]
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From 2021 – 2025:

Sharif Ahmed and Anr Vs State of UP and Anr on 01 May 2024 [SC: Format of Charge sheet]

Antics of Bar Council of India or State Bar Councils

Posted on July 1 by ShadesOfKnife

Despite being a statutory bodies, there are many instances where the Bar Council of India or various State Bar Councils have crossed their statutory limits and embarked on a journey which is legally called as Colourable exercise of power granted by Parliament to them. The following is just a small list of cases that came to my notice.

From 1996 – 2000:

Dr. Haniraj L. Chulani Vs Bar Council of Maharashtra and Goa on 8 Apr 1996 [SC: Cannot practice as an advocate under the Advocates Act, 1961 as well as a medical practitioner who does not want to give up his medical practice but wants simultaneously to practice law]

From 2016 – 2020:

Rishabh Duggal vs Bar Council of India on 12 Mar 2019 [SC: BCI imposed age limit]
Bar Council of Kerala Vs T.Koshy on 12 Apr 2018 [KerHC: Bar Council of Kerala does not have power to prescribe any fee for the enrolment, either in the form of enrolment fee or special fee]
Braj Mohan Mahajan Vs Bar Council of State of Madhya Pradesh and Ors on 11 Sep 2018 [MPHC: A person who is not convicted but merely accused cannot be denied entry into the State Bar Council rolls]
Bar Council of Kerala Vs Raju Y and Anr on 04 Jan 2019 [SC: Bar Council (of any State or India) do not have power to prescribe any fee for the enrolment, either in the form of enrolment fee or special fee.]

From 2021 – 2025:

Bar Council of India Vs Bonnie Foi Law College and Ors on 10 Feb 2023 [SC: BCI is empowered to conduct AIBE and it is a valid exam]
Are State Bar Councils Statutorily empowered to Levy Fees for Gaps in academics during Enrollment? [SC: Bar Council of AP charged me an additional Rs.7000/- as fees towards the gap in my academic, before enrollment and my case was transferred to Supreme Court and clubbed with many other such cases and eventually SCI held that Bar Councils cannot charge fees under any name beyond what is permitted in Advocates Act, 1961]

From 2026 – 2030:

Rajashekar Vs BCI and Anr on 27 Oct 2025 [KarHC: Persons can be admitted as advocates on a State roll even if they completed LL.B. outside the State]
Vijay Gopal Vs Bar Council of India and Anr on 29 Apr 2026 [TelHC: Membership with a Bar Association is not mandatory to practice Law in the State]
Are BCI and State Bar Councils Statutorily empowered to Levy Fees for Transfer of Enrollment?
1. KarHC:
2. APHC:

MASTER INDEX is here.

Cases where Perjury Proceedings were initiated

Posted on July 3, 2025 by ShadesOfKnife

This page lists some cases where Criminal Proceedings were initiated for committing the offence of Perjury under IPC 1872/BNS 2023.

State of AP Vs Matham Vijaya Rao and Anr on 07 Jul 2025 [Senior Civil Judge Court, Gajuwaka, Visakhapatnam, Andhra Pradesh]

Index of Perjury Judgements is here.

Judgments about Look Out Circular Notices

Posted on March 25, 2025 by ShadesOfKnife

A short collection of judgments about Look Out Circular Notices.

Sumer Singh Salkan Vs Asstt Director and Ors on 11 Aug 2010 [DHC: issued certain guidelines to be followed for issuing Look Out Circulars]
S.Martin Vs The Deputy Commissioner of Police on 21 Feb 2014 [MadHC: LOC can be withdrawn by the authorities concerned, who issued the same. Indeed, the Criminal Court’s jurisdiction in cancelling LOC or affirming the same is quite in tune with the jurisdiction of cancellation of Non Bailable Warrant]
Rashmi Raikhy & Anr Vs The State of NCT Delhi & Ors on 1 Feb 2018 [DelhiHC: LOC cannot be mechanically issued in matrimonial disputes when accused are not absconding.]
Gattupalli Ujwal Vs State of Andhra Pradesh and Ors on 30 Oct 2019 [APHC: Follows Sumer Singh Salkan Vs Asstt Director and Ors on 11 Aug 2010]
Vikas Chaudhary Vs Union of India and Ors on 12 Jan 2022 [DHC: No LOC may be issued when no proceedings under any penal law have, in fact, been initiated]
Noor Paul Vs Union of India and Ors on 05 Apr 2022 [PHHC: Non-supply of a copy of the LOC to the subject of the LOC at the time the subject is stopped at the airport for travel abroad, non-supply of reasons for issuing LOC , and absence of a post decisional hearing to the subject of the LOC, is not just, fair and reasonable procedure and therefore it is violative of Art.21 of the Constitution of India]
- However, the said directions are currently stayed by the Hon’ble Supreme Court in Bank of India v. Noor Paul S.L.P.(C) No. 7733/2022. Last listing on 26-Sep-2022!) Jai ho, SCI!
Leena Rakesh Vs Bureau of Immigration on 20 Jun 2022 [KarHC: ]
Yerramilli Srinivas Vs State of Telangana and 2 Ors on 09 Jan 2023 [TSHC: Practice of Telangana Police in not sending delete LOC requests to BoI, after a competent Criminal Court grants bail to an accused]
Bagadi Santhosh Kumar Vs Union of India and Ors on 12 Mar 2025 [APHC : Look-Out Circulars cannot be issued routinely and directed withdrawal of LOC affecting personal liberty.]
Mohammed Azeem Vs Saheeba and Ors on 22 Sep 2025 [KarHC : Family Courts cannot issue Look Out Circulars for recovery of maintenance under Section 125 CrPC.]
Lagubeeru Venkata Arun Kiran Vs Union of India and Ors on 04 Feb 2026 [APHC: Look-Out Circulars could be issued in exceptional cases where the departure of the person concerned will be detrimental to the sovereignty, security and integrity of India or is detrimental to the bilateral relations with any country or to the strategic and/or economic interests of India or that person may potentially indulge in an act of terrorism or offence against the State, if such person is allowed to leave or where travel ought not be permitted in the larger public interest at any given point of time.]

MASTER INDEX is here.

Frequently Asked Questions – Look Out Circular (LOC) Jurisprudence in India

A Look Out Circular (LOC) is an alert issued by law enforcement authorities to immigration, police and border control agencies to prevent a person from leaving the country, usually where that person is an accused in a criminal investigation or trial. LOCs are intended to ensure that individuals do not evade court process or investigation.

Judicial decisions hold that LOCs should only be issued when there is reasonable apprehension that an accused may evade justice — for example:

The individual is absconding or likely to escape.
There is a pending investigation or trial under a penal statute.
Issuing an LOC without such circumstances is generally considered unjustified.

Yes. Courts have repeatedly held that:

The authority that issued the LOC can withdraw it.
Criminal courts can cancel or affirm an LOC on application, similar to the manner in which non-bailable warrants can be cancelled.
This ensures judicial oversight over LOC issuance and helps protect fundamental liberties.

No. Decisions such as Vikas Chaudhary v. Union of India emphasise that an LOC cannot be issued in the absence of criminal proceedings, since there is no basis to believe the person is evading investigation or trial.

Yes. The Punjab & Haryana High Court in Noor Paul v. Union of India held that non-supply of the LOC copy, lack of reasons for issuance, and absence of any hearing violate principles of natural justice and Article 21 of the Constitution of India (protection of life and personal liberty).

No. Courts have rejected the practice of issuing LOCs in contexts not grounded in criminal law, such as:

Maintenance enforcement under Section 125 CrPC (as reiterated by Karnataka High Court), and
Money recovery in civil or financial disputes.
LOC powers are for criminal process enforcement, not civil remedies.

Yes. In cases such as Yerramilli Srinivas v. State of Telangana, courts admonished police for not sending delete LOC requests to immigration authorities after bail has been granted, stressing that LOCs should not remain active once the accused appears or complies with court orders.

Yes. LOCs can restrict a person’s right to travel abroad, which is part of the fundamental right under Article 21 of the Constitution (right to life and personal liberty). Therefore, LOC issuance must satisfy reasonableness, fairness, and due process.

Some judgments (e.g., Lagubeeru Venkata Arun Kiran v. Union of India) state that LOCs may be justified only in exceptional circumstances, such as where departure of a person may be damaging to national security, sovereignty, or strategic interests — not as an ordinary procedural measure.

No. High Courts (e.g., Telangana High Court) have clarified that complainants do not have a fundamental right to insist upon issuance of an LOC — it is a discretionary executive/ investigative action guided by law, not by individual entitlement.

Constitutional courts have directed that:

LOCs must be withdrawn or deleted when they are no longer required.
Investigating authorities must regularly review LOCs and update immigration authorities.
Failure to do so can lead to judicial intervention or orders mandating LOC deletion.

State of AP Vs Basa Nalini Manohar and Ors on 23 Dec 2024

Posted on December 25, 2024 by ShadesOfKnife

I won’t comment about this Judgment. Posting here, with a hope that it may be set aside at a higher court.

State of AP Vs Basa Nalini Manohar and Ors on 23 Dec 2024

Maintenance Judgments under Hindu Adoptions and Maintenance Act 1956

Posted on March 11, 2024 by ShadesOfKnife

Supreme Court:

Vimalben Ajitbhai Patel Vs Vatslabeen Ashokbhai Patel And others on 14 March, 2008 [In Para 24, held that mother-in-law cannot be fastened with any liability of maintenance towards widowed daughter-in-law]

Delhi High Court:

Laxmi and Anr Vs Shyam Pratap and Anr on 28 Apr 2022 [failed to disclose any estate of her husband having devolved upon the respondents; Father-in-law expired and the appellants cannot as a matter of right, claim any maintenance from mother-in-law]
Suresh Tiwari and Anr Vs Madhu Tiwari on 31 Jul 2023 [No averment of the father-in-law holding any coparcenary property against which the daughter-in-law can maintain her claim under Section 19 of the Act and furthermore Impugned Order also does not give any such finding]

Patna High Court:

Ram Prasad Sahni Vs Punita Devi and Ors on 22 Jun 2017 [Trail Court failed to adjudicate whether the husband has left any estate for the applicant or whether her father-in-law has sufficient income or not]

Punjab and Haryana High Court:

Sunita and Anr Vs Pyare Lal and Ors on 08 Nov 2010 [Under Section 18 of the Act, a Hindu wife can claim maintenance from her husband but not from her in-laws. Under Section 19 of the Act, a Hindu wife can claim maintenance from her father-in-law after the death of her husband, provided and to the extent that she is unable to maintain herself and this right shall not be enforceable if father-in-law has no means to do so from coparcenary property. Under Sections 21 and 22 of the Act, grandchild is not entitled to claim maintenance from grandparents because they have not inherited any estate from their deceased son]
Satpal Vs Suman and Ors on 31 May 2019 [Mother-in-law cannot be made liable to maintenance to windowed daughter-in-law; grandchildren are entitled for maintenance]

Index of all Maintenance judgments is here.

Judgments on Transfer Petitions

Posted on September 23, 2023 by ShadesOfKnife

List of judgments pertaining to Transfer of matrimonial cases.

Supreme Court of India:

Nahar Singh Yadav and Anr Vs Union of India and Ors on 19 Nov 2010 [broad factors to consider while disposing transfer petitions u/s 406 Cr.P.C.]
NCV Aishwarya Vs AS Saravana Karthik Sha on 18 Jul 2022 [Supreme Court listed some principles to be considered while deciding transfer petitions]

Andhra Pradesh High Court:

Bombay High Court:

Sarita Rahul Sharma Vs Rahul Udayraj Sharma on 03 Oct 2024 [Due a minor child, wife’s prayer to transfer a Divorce petition from Vasai to Mahim (about 60 KMs) was allowed]
Samina Firdaus Vs Shoeb Khan on 24 Jan 2025 [Use video conferencing; FIR registered against knife and her gang for assault on husband and his family]

Karnataka High Court:

Sushmitha B.L. Vs Raghavendra B.R on 07 Jan 2025 [Inconvenience of the Husband caring for two minor children is given importance and Transfer petition was dismissed]

The MASTER INDEX is here.

Shades of Knife

True Colors of a Vile Wife

Category: Assorted Court Judgments or Orders or Notifications

Orders on Interim Maintenance Applications under various laws

Judgments around Issuance of Police Clearance Certificate

Antics of Advocates in India

Antics of Police Personnel in India

Antics of Bar Council of India or State Bar Councils

Cases where Perjury Proceedings were initiated

Judgments about Look Out Circular Notices

Frequently Asked Questions – Look Out Circular (LOC) Jurisprudence in India

State of AP Vs Basa Nalini Manohar and Ors on 23 Dec 2024

Maintenance Judgments under Hindu Adoptions and Maintenance Act 1956

Judgments on Transfer Petitions

Frequently Asked Questions – Look Out Circular (LOC) Jurisprudence in India

1. What is a Look Out Circular (LOC)?+

2. When can an LOC lawfully be issued?+

3. Do courts have power to cancel or withdraw an LOC?+

4. Can LOCs be issued if no FIR or criminal proceeding exists?+

5. Do authorities need to provide reasons or procedural fairness before issuing an LOC?+

6. Can a family court or non-criminal forum issue an LOC in civil or maintenance proceedings?+

7. Is there any obligation on investigating officers after a bail order is granted?+

8. Do LOCs affect fundamental rights?+

9. Can LOCs be issued for national security or exceptional cases?+

10. Do complainants have a right to demand an LOC?+

11. How should authorities manage LOCs after they are no longer justified?+