Sunanda and Anr Vs Bharat Naik on 31 Jan 2011

A single judge of Karnataka High Court at Kalaburgi bench held as follows,

From Para 5,

5. I have perused the original records obtained from the Family Court. The order sheet dated 7.7.2005 reveals that on the said date of hearing 1st petitioner filed her affidavit in lieu other examination-in-chief and the Family Court received the same. It further reveals that the respondent was not present and his counsel was also absent on that day and that the distress warrant issued against the respondent for enforcing the interim order of maintenance was not received. Thus it is clear that the affidavit of the 1st petitioner as her examination-in-chief was received in the absence of the respondent and his counsel.

From Paras 8-10,

8. Further, Section 126(2) of Cr. P.C provides that all evidence to proceedings under Chapter IX of Cr. P.C shall be taken in the presence of the person against whom an order of payment of maintenance is proposed to be made, or, when his personal attendance is dispensed with, in the presence of his pleader, and shall be recorded in the manner prescribed for summons-cases. Further proviso to sub-Section (2) of Section 126 Cr. P.C provides that if the Magistrate is satisfied that the person against whom an order for payment of maintenance is proposed to be made is willfully avoiding service, or willfully neglecting to attend the Court, the Magistrate may proceed to hear and determine the case ex parte.
9. As observed by me supra, on 7.7.2005 on which date the 1st petitioner filed her affidavit in lieu of her examination-in-chief, the respondent and his Counsel were not present. The order sheet does not reveal further that on that date of hearing, personal attendance of the respondent was dispensed with or that the Family Court was satisfied that the respondent, against whom an order of payment of maintenance was proposed to be made, was willfully avoiding service or willfully neglecting to attend the Court. Therefore, recording of the evidence for the petitioners by receiving the affidavit of the 1st petitioner therein in lieu of her examination-in-chief, in the absence of the respondent and his Counsel, is in violative of the mandatory provisions of Section 126(2) of Cr. PC and proviso to it.
10. Besides the above, the very filing of the affidavit in lieu of examination-in-chief of either the petitioner or the respondent, in a maintenance proceeding is also violative of provisions of Section 126(2) of Cr. PC inasmuch as, the said provision provides that the evidence shall be recorded in the manner prescribed for summons-cases. The receiving of affidavit in lieu of examination-in-chief of a witness is not prescribed under any of the provisions of Cr. P.C providing for recording of the evidence in summons-cases.

Sunanda Vs Bharat Naik on 31 Jan 2011

Citations:

Other Sources:

Index of Maintenance Cases here.

Veerisetty Ramesh Babu Vs Veerisetty Ramadevi and Anr on 24 Apr 2020

Posted on October 13 by ShadesOfKnife

A single judge of AP High Court held as follows,

A careful reading of the above Section 126(2) CrPC makes it manifest that all evidence relating to the proceedings under Section 125 Cr.P.C. shall be taken in the presence of the person against whom an order for payment of maintenance is proposed to be made, or, when his personal attendance is dispensed with, in the presence of his pleader, and shall be recorded in the manner prescribed for summons- cases. Chapter-XX of the Cr.P.C. deals with trial of summons cases by Magistrates. It contains Sections 251 to 259 Cr.P.C. Section 254 thereof contemplates that the Magistrate shall proceed to hear the prosecution and take all such evidence as may be produced in support of the prosecution, and also to hear the accused and take all such evidence as he produces in his defence.
Therefore, a combined reading of Section 126(2) Cr.P.C. and Section 254 Cr.P.C. makes it absolutely clear that the evidence has to be taken up by the Court in such proceedings in the presence of the opposite party or when his presence is dispensed with in the presence of his pleader and recording evidence in the form of taking evidence affidavit is not contemplated and it is not permissible under law.
It is significant to note that clause (2) of Section 10 of the Family Courts Act, 1984, clearly mandates that the procedure contemplated under Cr.P.C. or the Rules made thereunder shall apply to the proceedings under Chapter IX of Cr.P.C. even before a Family Court. Therefore, even the Family Courts Act, 1984 also mandates that the procedure contemplated under Section 126(2) Cr.P.C. which is part of Chapter IX of Cr.P.C. in recording the evidence shall be followed when the proceedings under Section 125 Cr.P.C. are initiated before the Family Court.

Veerisetty Ramesh Babu Vs Veerisetty Ramadevi and Anr on 24 Apr 2020

Citations:

Other Sources:

Index of Maintenance Cases here.

Karnam Upendra Vs K Parameswari and Anr on 24 Mar 2026

Posted on October 13 by ShadesOfKnife

A single judge of AP High Court held as follows,

In paras 8 and 9,

8. The first limb of the challenge relates to the manner in which evidence was received by the Trial Court. The answer to this issue must necessarily be gathered from the language employed in Section 126(2) Cr.P.C(Section 145 (2) of BNSS). The provision stipulates that “all evidence in such proceedings shall be taken in the presence of the person against whom an order for payment of maintenance is proposed to be made, or, when his personal attendance is dispensed with, in the presence of his pleader.” The legislature has consciously employed the expression “shall”, thereby making the requirement mandatory in nature. The provision does not contemplate evidence being tendered by way of affidavits nor does it contain any enabling provision authorising the Court to substitute oral chief-examination with evidence affidavit.
9. The statutory mandate becomes more evident when Section 126(2) (Section 145 (2) of BNSS) is read harmoniously with Section 254 Cr.P.C(Section 277 of BNSS)., which prescribes the procedure for recording evidence in summons cases. Chapter IX of the Code envisages that evidence is to be adduced before the Court and recorded in the presence of the opposite party. Therefore, the procedure contemplated under Order XVIII Rule 4 CPC, which permits examination-in-chief by way of affidavit, cannot be imported into proceedings under Section 125 Cr.P.C(Section 144 of BNSS) in the absence of an express statutory provision.

Karnam Upendra Vs K Parameswari and Anr on 24 Mar 2026

Citations:

Other Sources:

Index of Maintenance Cases here.

Gollamudi Ramesh Vs Modukuri Nagamani and Anr on 30 Aug 2017

Posted on June 5, 2025 by ShadesOfKnife

A single Judge of AP High Court (Erstwhile Combined High Court for TS and AP) held that Evidence must not be taken via Affidavit as per Sec 126(2) CrPC in a Sec 125 CrPC case.

From Para 6,

6. Undoubtedly the proceedings before the court below are under section 125 Cr.P.C., though it is registered as FCOP the petition is only under section 125 Cr.P.C., and the procedure followed by the Judge is only under section 126 Cr.P.C. clause [2] the Court shall take evidence in the presence of the person against whom an order for payment of maintenance is proposed to be made, or, when his personal attendance is dispensed with in the presence of his pleader, and shall be recorded in the manner prescribed for summons-cases; therefore, taking advantage of 126 [2] of Cr.P.C., the learned counsel for the petitioner contended that the affidavit of the respondent cannot be permitted to be taken as evidence, like summons cases, this question no more res integra. In V.D. Solomon’s case, supra-1, the learned single Judge after elaborately dealing with section 10 of the Family Courts Act and other provisions held that in maintenance cases the proceedings under section 125 Cr.P.C., the Court has to record the evidence as contemplated under section 126 [2] Cr.P.C., and affidavits cannot be received. In view of the law declared by this Court the procedure adopted by the Judge, Additional Family Court is irregular and contrary to law. This Court in exercise of the powers conferred under section 397 and 401 of Cr.P.C., can set aside the same. Accordingly, the order passed by the court below is set aside.

Gollamudi Ramesh Vs Modukuri Nagamani and Anr on 30 Aug 2017

Citations:

Other Sources:

https://www.casemine.com/judgement/in/5e96d23d4653d053645840b9

https://www.the-laws.com/Encyclopedia/Browse/Case?CaseId=407102273000&Title=GOLLAMUDI-RAMESH-Vs.-MODUKURI-NAGAMANI—MODKURI-GETHA-NAGAMANI

Index of Maintenance Judges is here.

Lifecycle Stages of a Maintenance Case under Section 125 CrPC

Posted on December 10, 2021 by ShadesOfKnife

Listed below are a reasonably laid out sequence of events in a Maintenance Case filed under Section 125 of CrPC. Also, various other Maintenance cases under CrPC and remedies are presented at the end of this article.

Other Life Cycles: 498A IPC Case Lifecycle || DV Case Lifecycle. Index of all life cycles is here. Looking for Maintenance case-laws? go here!

Initial signs of facing a Maintenance case u/s 125 CrPC

This is the 3rd false case after the 498A IPC and Domestic Violence cases, that you may face. This case completes what is colloquially called as Full package. First a criminal case is filed so that Police power can be misused and when that does not break you, Civil reliefs are prayed for through Domestic Violence case. When even that plot fails and you don’t budge, the final attack comes in the form of this maintenance case, in which they think there is a sure shot success in extracting money from you. How comical bozos these are… hahahaha

The COMPLAINT

The petition/application u/s 125 CrPC containing the facts of the case, stating the circumstances under which the wife (as per the law, parents or children can also seek maintenance in cases of neglect) seeks to claim maintenance, all personal relevant details is filed before the Family Court (or jurisdictional Junior Civil Judge Court if Family Court is not available).

Issue of Notice to the Respondent

The Family Court scrutinizes the petition and issues notice to the husband against whom the petition has been filed by the wife. Petitioner copy may be sent along with notice.

Reference to Reconciliation/Mediation

The parties may be directed to appear before the court for reconciliation or may be directed to mediation and efforts are made to reconcile them first in an effort to avoid litigation.

Reconciliation Proceedings

If the reconciliation proceedings after being conducted by the family court are successful, then the matter stands settled. If they lead to failure, then the Court proceeds with the petition to decide it on merits.

Written Statement (of objections)

After giving a copy of the petition to the Respondent, the Family Court directs the opposite part to file a reply/WS/Counter to the maintenance petition stating the facts which he/she accepts or denies. Both the parties are also asked to file their detailed Income Affidavit (as per Rajnesh Vs Neha Case) so that it can infer the capabilities and liabilities. Petitioner must be given a copy of reply.

Rejoinder/Rebuttal

The petitioner is directed to file a rejoinder/rebuttal to reply filed by the opposite party. The application for interim maintenance, if any filed by the petitioner, is decided by the court at this stage of the case, based on pleadings and affidavits alone. No evidence will be entertained to decide Interim applications. Respondent must be given a copy.

Framing of Issues

The court then proceeds further and frames issues for adjudication and the matter is posted for evidence of the parties.

Petitioner’s Evidence

The petitioner is directed to lead its evidence by way of filing the relevant documents, papers, etc. and by summoning all its witnesses. List of witnesses must be given to other side before examining the first prosecution witness. Once prosecution witness examination completes (Evidence by way of Chief Examination Affidavit is impermissible), the witness will face Cross Examination from the Counsel of opposite party and the deposition of each witness is recorded, up on oath.

Respondent’s Evidence

The respondent is directed to lead its evidence by way of filing the relevant documents, papers, etc. and by summoning all its witnesses. This is optional and the Respondent may forego examination/ evidence, if they think that the prosecution failed to support their case.

FINAL ARGUMENTS –

The final arguments in the matter are held and the matter is decided by the court. Written Arguments may also be submitted to the Family Court, as a best practice.

Order/Judgment

The Court finally passes the final order/judgement where it may either dismiss the petition or allow the petition and direct the other party to pay an amount as directed by the court monthly.

Infographic

Key Contributor:

Ms. Suprajaa Rajan (B.Com., LL.B.)

Cell:

Anil Ambashankar Joshi Vs Reena Anil Joshi And Anr on 5 December, 2016

Posted on July 26, 2018 by ShadesOfKnife

In this judgment from Hon’ble High Court of Bombay, it is held that in a case of CrPC 125, whereby a knife comes begging for maintenance, she has to step into the witness box and depose her evidence. Affidavit of Evidence is not permitted per CrPC 126(2).

The affidavit of evidence filed by the Petitioner vide Exh.17 would have to be discarded. The Respondent however would be entitled to lead her evidence by stepping into the witness box.

Anil Ambashankar Joshi Vs Reena Anil Joshi And Anr on 5 December, 2016

Citations:

Other Sources:

Index of Maintenance Cases here.

Maintenance Judgments under Section 125 CrPC [Section 144 BNSS]

Posted on May 26, 2018 by ShadesOfKnife

Listed below are few judgments which deal with maintenance for knifes under Section 125 of CrPC [now 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 (apart from an application for Contempt of Courts), 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)
Deb Narayan Halder Vs Anushree Halder on 26 August, 2003 [No maintenance for Deserter wife 144(4) BNSS/125(4) CrPC]
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)
Sunita Kachwaha and Ors Vs Anil Kuchwaha on 28 Oct 2014 [Wife must positively aver and prove that she is unable to maintain herself]
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 ]
Anju Garg and Anr Vs Deepak Kumar Garg on 28 Sep 2022 [An able-bodied husband must provide financial support and cannot escape liability]
Aditi Sharma Vs Jitesh Sharma on 06 Nov 2023 [Reiterated/re-circulated Rajnesh Vs Neha to all High Courts]
Rina Kumari Vs Dinesh Kumar Mahto and Anr on 10 Jan 2025 [Being successful in RCR case doesn’t automatically disqualify the wife from maintenance under 125 CrPC/144 BNSS]
N.Usha Rani and Anr Vs Moodudula Srinivas on 30 Jan 2025 [Second husband can be made liable to pay maintenance to Wife, even if she didn’t take divorce from her first husband]

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 is not correct law, in case of non payment of maintenance)
Parul Tyagi Vs Gaurav Tyagi on 04 Aug 2023 [IMP: 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]
Mohammad Rizwan Khan Vs State of UP and Anr on 08 Sep 2025 (Dispose Perjury First; Adultery allegations)
Atul Kumar Bajpai Vs State of UP and Anr on 17 Sep 2025 (Dispose Perjury First; False RvN Affidavit allegations)
Ankit Saha Vs State of UP and Anr on 03 Dec 2025 [Failed to prove unable to support herself and came to Court with unclean hands; Relies on Rekha Sharad Ushir Vs Saptashrungi Mahila Nagari Sahkari Patsansta Ltd on 26 Mar 2025]

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
Gollamudi Ramesh Vs Modukuri Nagamani and Anr on 30 Aug 2017 [Evidence must not be taken via Affidavit as per Sec 126(2) CrPC]
Borugadda Rama Devi and Ors Vs Borugadda Ravi Kumar and Anr on 26 Dec 2018 [No maintenance for Deserter wife 144(4) BNSS/125(4) CrPC]
Veerisetty Ramesh Babu Vs Veerisetty Ramadevi and Anr on 24 Apr 2020 [Evidence must not be taken via Affidavit as per Sec 126(2) CrPC]
Chinta Vamshi Vs State of Telangana and Anr on 16 Oct 2023 [Follow Rajnesh Vs Neha]
Gurram Sitaramaiah Vs Gurram Siva Parvathi and Ors on 08 Jan 2024 [Relied on Shahada Khatoon and Poongadi judgments; Under 125(3) CrPC, 1-year time limit is for issuance of warrant for arrest; arrest can happen for a month maximum for each violation of monthly maintenance]
Karnam Upendra Vs K Parameswari and Anr on 24 Mar 2026 [Evidence must not be taken via Affidavit as per Sec 126(2) CrPC]

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)
Anil Ambashankar Joshi Vs Reena Anil Joshi And Anr on 5 December, 2016 [Evidence must not be taken via Affidavit as per Sec 126(2) CrPC]
Bhagwant Narnawre Vs Radhika Narnawre on 05 Apr 2019 (Wife is not a creditor)
Devendra Vs Trupti Devendra on 27 Sep 2022 [Seeking maintenance for daughter after MCD]
Prakash Dheple Vs Vithabai and Anr on 10 May 2024 [Impose interest on Maintenance arrears]

Calcutta High Court

Saikat Das Vs State of West Bengal and Anr on 27 Mar 2025 [No maintenance for Deserter wife 144(4) BNSS/125(4) CrPC]

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)
Jagdamba Trivedi Vs Neha Trivedi on 18 Jan 2021 [Importance of Section 421 Cr.P.C., arrest warrant in 125(3) Cr.P.C. cases; Follow Rajnesh Vs Neha for recovery of the amount of maintenance]
Birendra Kumar Tiwari Vs Neetu Tiwari on 07 Dec 2022 [Major daughter not eligible to seek maintenance u/s 144 BNSS]
Resham Lal Dewangan Vs Suman Dewangan on 09 May 2025 [Once a divorce decree is granted on the ground that wife is living in adultery then, wife suffers from the disqualification to claim maintenance from her ex-husband]

Delhi High Court Judgments

Sabina Sahdev and Ors Vs Vidur Sahdev on 9 Jul 2018 [no pre-condition can be laid before receiving Appeal/Revision such as deposit maintenance amount]
Binita Dass Vs Uttam Kumar on 9 Aug 2019 [ Wife who is independent and have source of income, can be a ground to deny interim maintenance]
Sandeep Walia Vs Monika Uppal on 18 Jul 2022 [Petitioner was not truthful in disclosure of his correct income in his affidavit]
Rangesh Srinivasan Vs Madhulika Bawa on 07 Jun 2023 [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 [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]
Megha Khetrapal Vs Rajat Kapoor on 19 Mar 2025 [No Interim Maintenance for previously working wife]
Naveen Kumar Vs Kavita on 01 Jul 2025 [When ad interim Maintenance can be granted; Interim Maintenance cannot be granted without an Interim Maintenance application]
Nidhi Jain Vs Ankit Jain on 31 Jul 2025 [Allow 311 recall petition]
Geeta and Anr Vs State and Anr on 10 Sep 2025 [Concealing actual income and withholding the most relevant documents in his affidavit which alone could establish her present financial incapacity should lead to adverse inference against wife]
Arshi Parveen Vs Maqsood on 5 Jan 2026 [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.
Tasmeer Qureshi Vs Asfia Mazaffar on 29 Oct 2025 [Courts must assess income before fixing interim maintenance and remanded the matter for fresh determination.]
Vinod Kumar Vs Seema Devi and Anr on 16 Mar 2026

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

Sunanda and Anr Vs Bharat Naik on 31 Jan 2011 [Evidence must not be taken via Affidavit as per Sec 126(2) CrPC]
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]
Lakshmayya Vs M.Shivalingamma and Anr on 04 Mar 2024 [ex parte Final Maintenance order set aside]
K.L Rangaswamy Vs Sharadha. D on 20 Mar 2024 [Unclean hands; Liable for perjury; Interim Maintenance denial Order upheld]
Srinivasa D Vs Asha on 20 Mar 2025 [Landmark judgment to rectify baseless Orders of maintenance by Family Court judges in Karnataka]
Vinod Kumar K Vs Chaitra N on 3 Apr 2025 [Unclean hands; Liable for perjury; Interim Maintenance denial Order upheld; Refund of Interim Maintenance amount ordered]

Kerala High Court

Rajesh R. Nair Vs Meera Babu on 5 Mar 2013 (Spouses living separately with mutual consent; No maintenance can be allowed)
Arun R.Naik Vs Shwetha Arun Naik and Anr on 17 May 2021 [Direction to enhance Maintenance amount at 10% annually is set aside]
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]
Paul George Vs Emarin Paul on 12 Mar 2025 [No maintenance to a deserting wife]
Ratheesh Vs Sreelakshmi and Ors on 14 Mar 2025 (Even to dispose Interim Maintenance Applications, call for affidavits)
S.Mumthas and Anr Vs M.Nizar @ Nizarudeen and Anr [No direct arrest warrant may be issued without issuing a distress warrant]
Jinesh CR Vs Aswathy PR on 19 Nov 2025 [Maintenance denied due to adultery]

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]
Sumit Raj Shivhare Vs Anushree Gupta Shivhare on 05 Nov 2024 [To enhance Maintenance amount at 5% annually]

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)
N.Santhosh Kumar Vs S.Priyadarshini on 25 Oct 2025 [Lied on the Income Affidavit, so interim maintenance reduced]
Alagarsamy Vs Mangalasundari and Anr on 20 Nov 2025 []

Orissa High Court

Madan Kumar Satpathy Vs Priyadarshini Pati on 07 Feb 2025 [Maintenance reduced to a well-educated wife]

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]
Rajesh Kumar Vs Nutan Devi on 18 Feb 2025 [To enhance Maintenance amount at 5% annually; if not paid, invoke contempt of courts]
Vivek Kumar Singh Vs Pallawi Kumari on 11 Mar 2025
Ravi Prakash Saxena Vs Priyanka Rani on 04 Sep 2025 [Remanded case back to the same Trial Courts for fresh adjudication]

Punjab and Haryana High Court

Asha Rani Vs Ranjit Singh on 11 Dec 2024 [No maintenance for Educated wife]
Anu Aggarwal Vs Sushant Aggarwal on 20 Jan 2026 [Concealed material facts in Income Affidavit]

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.

Shades of Knife

True Colors of a Vile Wife

Tag: CrPC 126 – Evidence Via Affidavit Not Allowed

Sunanda and Anr Vs Bharat Naik on 31 Jan 2011

Veerisetty Ramesh Babu Vs Veerisetty Ramadevi and Anr on 24 Apr 2020

Karnam Upendra Vs K Parameswari and Anr on 24 Mar 2026

Gollamudi Ramesh Vs Modukuri Nagamani and Anr on 30 Aug 2017

Lifecycle Stages of a Maintenance Case under Section 125 CrPC

Ms. Suprajaa Rajan (B.Com., LL.B.)

Cell:

Anil Ambashankar Joshi Vs Reena Anil Joshi And Anr on 5 December, 2016

Maintenance Judgments under Section 125 CrPC [Section 144 BNSS]