Listed below are few judgments which deal with maintenance for knifes under Section 125 of CrPC [Section 144 BNSS]. Some are judgments of various courts where there are modifications done to the interim maintenance granted to Knife. The reason for this listing is to initiate Perjury proceedings against the Knife, as and when applicable. Some helpful judgements are here.
In some recent judgments of High Courts, it is being held that capable to earn is NOT equated to earning currently. Banking on this aspect only is not helpful and can be suicidal if this is the only argument victim-husband has.
Supreme Court
- Smt. Yamunabai Anantrao Adhav A Vs Ranantrao Shivram Adhav And … on 27 January, 1988 (When the marriage is a complete nullity in the eye of law and wife is not entitled to the benefit of Section 125 of the CrPC)
- Smt. Jasbir Kaur Sehgal Vs The District Judge Dehradun & Ors on 27 August, 1997 (Maintenance granted from Date of Application from Date of Order)
- Shahada Khatoon and Ors Vs Amjad Ali and Ors on 7 Apr 1999 (Under 125(3) CrPC, 1-year time limit is for issuance of warrant for arrest)
- Ruchi Agarwal Vs Amit Kumar Agrawal and Ors on 5 Nov 2004 [Once MCD done with no future claims, maintenance cannot be claimed later]
- Chaturbhuj Vs Sita Bai on 27 November, 2007 [who is eligible to claim maintenance u/s 125 Cr.P.C. and under what conditions]
- Bhushan Kumar Meen vs Mansi Meen @ Harpreet Kaur on 28 April, 2009 (Reduced from 10K to 5K)
- Poongadi And Anr vs Thangavel on 27 September, 2013 (Total arrears to be paid from date of filing of MC application; arrest can happen for a month maximum for each violation of monthly maintenance)
- Rajnesh Pal Naidu Vs Neha Naidu Joshi and Anr on 04 Nov 2020 [Guidelines issued to file Income, Asset and LIability affidavits before passing any Interim or Final Maintenance Orders ]
- Aditi Sharma Vs Jitesh Sharma on 06 Nov 2023 [Reiterated/re-circulated Rajnesh Vs Neha to all High Courts]
Allahabad High Court
- Kiran Dhar Vs Alok Berman on 14 May, 2014 (No Domestic relationship as First Wife alive)
- Ismile @ Shama Vs State Of U.P. & Others on 22 September, 2016 (Knife able to maintain herself)
- Vipin Kumar Vs State of U.P. and Anr on 25 Feb 2022 (relying on Hazi, held issue of arrest warrants in not correct law in case of non payment of maintenance)
- Parul Tyagi Vs Gaurav Tyagi on 04 Aug 2023 [Guidelines passed in elaboration of Rajnesh Pal Naidu Vs Neha Naidu Joshi and Anr on 04 Nov 2020 and Aditi Sharma Vs Jitesh Sharma on 06 Nov 2023]
- Dr. Virender Kumar Vs State of UP and Anr on 16 Oct 2024 [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]
Andhra Pradesh High Court
- Jangam Srinivasa Rao Vs Jaagam Rajeshwari and Anr on 13 Mar 1989 [Can claim maintenance only up to 12 months; Bad judgment as such restriction goes against execution proceedings]
- Moodududla Srinivas Vs Smt .N.Usha Rani on 13 April, 2017
- Borugadda Rama Devi and Ors Vs Borugadda Ravi Kumar and Anr on 26 Dec 2018 [No maintenance for Deserter wife]
- Chinta Vamshi Vs State of Telangana and Anr on 16 Oct 2023 [Follow Rajnesh Vs Neha]
Trial Courts:
- Byru Rajeswari Vs Byru Suresh Babu on 30 Apr 2018 (Knife failed to prove her allegations)
- Gadesula Radhika Vs Gadesula Rajesh on 22 Jan 2019 (Knife voluntarily left the company of husband)
- Palagani Samrajyam and Anr Vs Palagani Nagaraju on 30 Dec 2019 (Knife voluntarily left the company of husband)
- K Sreekanth Naik Vs P Nalini and Anr on 25 Apr 2024 [Follow Rajnesh Vs Neha]
Bombay High Court
- Sanjay Sudhakar Bhosale Vs Khristina on 8 April, 2008 (Cruelty not proved)
- Sachin Vs Sau. Sushma on 6 May, 2014 (Follow Section 421 of the Cr.P.C. first before arrest)
- Bhagwant Narnawre Vs Radhika Narnawre on 05 Apr 2019 (Wife is not a creditor)
Chhattisgarh High Court
- Rishikesh Singh Vs Kiran Gautam on 05 Sep 2014 (MCD u/s 13B of HMA does not entitle wife maintenance u/s 125 CrPC)
Delhi High Court Judgments
- Zahir Obdullah and Anr Vs Omar Abdullah on 31 Aug 2023 [Interim enhanced to 1.5 lakhs from 75,000; despite the law providing, Court granted maintenance to major children!]
- Sachin Kumar Daksh Vs Mamta Gola and Anr on 16 Feb 2024 [Allowed Revised Income affidavit as per Rajnesh Vs Neha judgement though held that earlier affidavit is not obliterated]
Trial Courts:
- Neeraj Aggarwal Vs Veeka Aggarwal on September 19, 2007 (Educated and Working Wife (even after marriage) not entitled for maintenance)
Gauhathi High Court
-
Hazi Abdul Khaleque Vs Mustt. Samsun Nehar on 20 Aug 1990 (No arrest can be made for non-payment of maintenance u/s 125 Cr.P.C.)
Gujarat High Court
- Hemlataben Maheshbhai Chauhan Vs State of Gujarat on 21 October, 2010 (denied interim maintenance to Knife as she is already getting maintenance under Section 125 of CrPC)
- Varshaben Himantlal Vejani Vs State of Gujarat on 15 Jul 2016 (Spouses living separately with mutual consent so No maintenance can be allowed; Agreements against Public Policy are void)
- Ashokbhai Devsingbhai Chauhan Vs Taraben Ashokbhai Chauhan on 11 Nov 2019 (Wife is not a creditor)
Jammu and Kashmir and Ladakh High Court
- Showkat Aziz Zargar Vs Nabeel Showkat and Anr on 02 Sep 2022 (No maintenance to children once they attain majority, except one exception)
Jharkhand High Court
- Ramdhani Sah Vs The State of Jharkhand on 22 June, 2016 (No arrest without following sec 421 Cr.P.C.)
Karnataka High Court
-
K.R.Arun vs M.Latha on 22 September, 2014 (Interim is reduced in S24 HMA, to Rs.2000/- from Rs.3000/-, until assets information is received in court)
- Dr. Deepak K S Vs Dr. Sowmya Sharath on 23 March, 2018
- Darshanik M M Vs Poornima A on 04 Dec 2023 [Not followed Guidelines passed in Rajnesh Pal Naidu Vs Neha Naidu Joshi and Anr on 04 Nov 2020 ]
- Y.G. Rajesh Vs M Ramya and Anr on 08 Feb 2024 [Standard deduction not to be considered as salary]
- K.L Rangaswamy Vs Sharadha. D on 20 Mar 2024 [Unclean hands; Liable for perjury; Interim Maintenance denial Order upheld]
Kerala High Court
- Rajesh R. Nair Vs Meera Babu on 5 Mar 2013 (Spouses living separately with mutual consent; No maintenance can be allowed)
- Rijas MT Vs Hafseena M on 15 Nov 2023 [No direct arrest warrant may be issued in case of failure to make maintenance payments]
- Abhilash.M.V Vs Soumya Soman on 10 Nov 2023 [Husband not given chance to file objections]
Madhya Pradesh High Court
- Mamta Jaiswal vs Rajesh Jaiswal on 24 March, 2000 (Educated and Working Wife (even after marriage) not entitled for maintenance)
- Nirman Sagar Vs Monika Sagar Chaudhari and Anr on 01 Apr 2022 [No territorial jurisdiction]
- Balram Dixit Vs Kiran Dixit and Anr on 17 Jan 2024 [Follow Rajnesh Vs Neha]
- Shrikrishna Vs Sunita Bai on 02 May 2024 [Woman whose first marriage is subsisting, is not entitled to maintenance under section 125 CrPC]
- Shikha Vs Avaneesh Mahodaya on 10 Sep 2024 [well educated lady who also has her own source of income]
Madras High Court
- M.Chinna Karuppasamy Vs Kanimozhi on 16 Jul 2015 [No maintenance to adulterer wife]
- P Amutha Vs Gunsekaran on 23 Dec 2022 (Wife is not a creditor)
Patna High Court
- Laljee Yadav Vs The State Of Bihar on 16 September, 2011 (Importance of Section 421 Cr.P.C., arrest warrant in 125(3) Cr.P.C. cases)
- Gitanjali Devi Vs State of Bihar and Anr on 02 Dec 2023 [Follow Rajnesh Vs Neha]
Telangana High Court
- Ekula Sujatha Vs Ekula Rajender and Anr on 1 Jul 2024 [No maintenance for Deserter wife]
Uttarakhand High Court
- Anshu Gupta Vs Adwait Anand on 09 Aug 2023 [Mother liable to pay maintenance to minor child]
Index of all Maintenance judgments is here.