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True Colors of a Vile Wife

Tag: HM Act 24 – Interim Maintenance Granted

H P Komala Vs N Ravikumar on 29 Jul 2024

Posted on October 6, 2024 by ShadesOfKnife

A single judge bench of Karnataka High Court held as follows, when a husband filed for divorce and did not pay the interim maintenance.

From Para 10,

10. This court is coming across several cases where the husband will not pay the maintenance as ordered by the court and which attains finality but he insists for proceeding with the main case. The CPC provides for execution of the orders passed by the court. No doubt there is mechanism provided for execution of the orders. In these pending matrimonial matters, when the order is passed for maintenance pendent-lite, the party who is contesting the matter cannot tell the opposite party that I will proceed with the case and you can go before the executing court for recovery of money. In matrimonial cases thousands of execution petitions are pending. In some cases the parties are not in a position to meet their basic necessities and the opposite parties inspite of not obeying the orders of the court are enjoying the further orders passed by the court. In these matrimonial proceedings, the court while exercising the jurisdiction under Section 151 of CPC and under Order 6 Rule 16 of CPC should either stay the proceedings or strike off the pleadings. This to some extent will subserve the ends of justice. It will also send a message to the concerned that they cannot get away with non-compliance of the orders of the court and deprive other party from the fruits of the order.

Tip: Pay the money and get the divorce (your freedom!)

H P Komala Vs N Ravikumar on 29 Jul 2024

Index of Divorce Judgments is here and Maintenance Judgments is here.

Posted in High Court of Karnataka Judgment or Order or Notification | Tagged 1-Judge Bench Decision Abuse Or Misuse of Process of Court CPC 151 - Saving of inherent powers of Court H P Komala Vs N Ravikumar HM Act 24 - Interim Maintenance Granted HM Act 24 - Maintenance From Date of Application Or Petition Reportable Judgement or Order | Leave a comment

Rajkumar Amruthrao Guddadigi Vs Shilaja Rajkumar Guddadigi on 04 Jan 2024

Posted on March 12, 2024 by ShadesOfKnife

A single (Dr) judge of the Bombay High Court held as follows,

From Para 10, (Enjoy the perversity)

10. The perusal of the order impugned indicates that the trial Judge has taken into account all the facts necessary to be considered for fair adjudication and determination of quantum of interim maintenance. The trial Judge has applied all the settled parameters while doing so. The Petitioner/husband is a qualified Engineer and is suitably employed. His standard of living is fairly modest. The Respondent/wife is also a qualified MBA but unable to hold down a permanent job as she is single handedly looking after a ten years old. The mere fact that she is residing in the matrimonial home is not a pretext to disentitle her to a reasonable amount of maintenance. She still needs some amount towards food, medicine, clothes and educational expenses for the child. Thus, considering the status of the parties, reasonable needs of the wife and minor son are parameters to be considered while determining the sufficiency and the reasonableness of the quantum of interim maintenance to be adjudged so that the wife is able to maintain herself and the minor son in reasonable comfort. The quantum of maintenance awarded by the trial Judge is neither oppressive nor is it unendurable for the Petitioner/husband and there is no hardship caused to him. The amount of Rs.3,000/- is also reasonable for litigation expenses and barely sufficient for her to defend herself in the divorce Petition initiated by her husband. In view of the same, no interference is required in the order impugned herein. The quantum of interim maintenance, as adjudged by the trial Court, is reasonable and does not suffer from any infirmity. The Petition is, thus, dismissed.

Rajkumar Amruthrao Guddadigi Vs Shilaja Rajkumar Guddadigi on 04 Jan 2024

Index of HMA judgments here.

Posted in High Court of Bombay Judgment or Order or Notification | Tagged 1-Judge Bench Decision Baseless or Convoluted Judgment HM Act 24 - Interim Maintenance Granted Rajkumar Amruthrao Guddadigi Vs Shilaja Rajkumar Guddadigi | Leave a comment

Chetram Mali Vs Karishma Saini on 21 Nov 2023

Posted on November 23, 2023 by ShadesOfKnife

A division bench of Delhi High Court held as follows:

From Para 6,

6. XX
…
It may be noticed that though respondent claims to have no independent source of income but has reasonable educational background being a graduate from Delhi University. She appears to have voluntarily undertaken social work as claimed despite there being no impediment for undertaking a meaningful employment. The spouse having a reasonable capacity of earning but who chooses to remain unemployed and idle without any sufficient explanation or indicating sincere efforts to gain employment should not be permitted to saddle the other party with one sided responsibility of meeting out the expenses. The equivalence does not have to be with mathematical precision but with the objective to provide relief to the spouse by way of maintenance pendente lite and litigation expenses, who is unable to maintain and support during the pendency of proceedings and to ensure that party should not suffer due to paucity of source of income. The provision is gender neutral and the provisions of Section 24 & 25 of HMA provide for the rights, liabilities and obligations arising from marriage between the parties under HMA.

Chetram Mali Vs Karishma Saini on 21 Nov 2023

Citations:

Other Sources:

 

Posted in High Court of Delhi Judgment or Order or Notification | Tagged 2-Judge (Division) Bench Decision Chetram Mali Vs Karishma Saini HM Act 24 - Interim Maintenance Granted PWDV Act Sec 20 - Maintenance Granted | Leave a comment

Sameer Datta Kadam Vs Supriya Sameer Kadam

Posted on June 30, 2021 by ShadesOfKnife

Interim Maintenance of 5 lakhs per month was granted by Trial Court which was challenged at Bombay High Court. High Court did not find any error in the Interim Order of the trial Court. It held that the Trial Court rightly gave reasons for granting the interim maintenance from the date of application instead of from the date of Order.

Sameer Datta Kadam Vs Supriya Sameer Kadam on 10 Jan 2019

Citations :

Other Sources :

https://indiankanoon.org/doc/42033330/

https://www.legitquest.com/case/sameer-datta-kadam-v-supriya-sameer-kadam/1E27A6


Supreme Court also denied to interfere into the Interlocutory Order but extended the time to settle the arrears from 4 weeks to 8 weeks.

Sameer Datta Kadam Vs Supriya Sameer Kadam on 08 Feb 2019

Source:

https://indiankanoon.org/doc/83077908/

Posted in High Court of Bombay Judgment or Order or Notification | Tagged HM Act 24 - Interim Maintenance Granted Sameer Datta Kadam Vs Supriya Sameer Kadam Sensational Or Peculiar Cases | Leave a comment

Sujit Kumar Vs Vandana on 08 Aug 2016

Posted on January 19, 2021 by ShadesOfKnife

Delhi High Court said the follow about HMA 24…

11. The object behind Section 24 of the Hindu Marriage Act, 1955 is to provide for maintenance, pendente-lite, to a spouse in matrimonial proceedings so that during the pendency of the proceedings the spouse can maintain herself/himself and also have sufficient funds to carry on the litigation so that the spouse does not unduly suffer in the conduct of the case for want of funds.
12. A spouse unable to maintain himself/herself is entitled to maintenance on the principle of equi-status and respect that the spouse would have enjoyed if he/she continued to live with other spouse.
13. The provisions of Section 24 are beneficent in nature and the power is exercised by the Court not only out of compassion but also by way of judicial duty so that the indigent spouse may not suffer at the instance of the affluent spouse. The legislature, in its discretion, has not fixed any guideline regarding ceiling limit of maintenance, pendente-lite, as in the case of Divorce Act or Parsi Marriage Act. The word ‘support’ in Section 24 is not to be narrowly interpreted. It does not mean bare existence. It means that the claimant spouse should have the same comfort as the other. Of course, the Section is not intended to bring about arithmetical equality between the two.
14. The Court while considering the merits of an application for grant of an interim maintenance under Section 24 has to necessarily arrive at prima-facie determination about the earning capacity of the rival claimants. The determination cannot be made with exactitude; it is essentially interim in nature. The Court is called upon to make a summary consideration of amount which the applicant is to be awarded by way of maintenance pendente-lite and litigation expenses in accordance with the financial resources of the parties. Capacity of the other party to earn cannot be taken into consideration – it is only the actual earning of the opposite party on the basis of which relief can be granted. Permanent income and not casual income is relevant. For example if a husband brings on record that the non-applicant wife earns some amount by taking coaching classes for children, this cannot be termed as her permanent income or that the wife has independent permanent source of income. The proceedings being summary, the matter has to be decided on the basis of pleadings supported by affidavits and the documents that may be filed by the parties in support of their case.
15. Where there was sufficient means in the family of the husband on the strength of which the husband got married he has to share the burden to support his wife during the course of annulment of such marriage.

Sujit Kumar Vs Vandana on 08 Aug 2016

Citations : [2016 SCC ONLINE DEL 4397]

Other Sources :

https://indiankanoon.org/doc/182704867/

https://www.casemine.com/judgement/in/581180f42713e179479e391b

https://indiajusticefoundation.org/sujit-kumar-vs-vandana-delhi-high-court-08-08-2016/

 

Posted in High Court of Delhi Judgment or Order or Notification | Tagged 2-Judge (Division) Bench Decision HM Act 24 - Interim Maintenance Granted Sujit Kumar Vs Vandana | Leave a comment

Maintenance Judgments

Posted on October 21, 2019 by ShadesOfKnife

Maintenance judgments by Enactment

Maintenance and Alimony Judgments under Hindu Marriage Act 1955 here.


Maintenance Judgments under Hindu Adoptions and Maintenance Act 1956 here.


Maintenance Judgments under Section 125 CrPC [Section 144 BNSS] here.


Maintenance for Limited Time Period here.


Maintenance after Mutual Consent Divorce here.


Agreements against Public Policy are Void here.


A 2-judge bench of Supreme Court passed guidelines in Rajnesh Vs Neha on how to handle multiple maintenance litigation here.

  • Telangana High Court gave a wonderful order here, confirming that any order passed by Trial Courts, without calling for the Income affidavits is void ab initio and therefore is liable to set aside and matters will be remanded back to the same Trial Courts for fresh adjudication.
  • Then another 2-judge bench of Apex Court has to Order re-circulation of above judgment in Aditi Sharma Vs Jitesh Sharma, because the Trial Court Judges stopped following Supreme Court judgement here. Exactly after 3 long years!!!
  • There are other High Courts which set aside the trial Court orders for the singular reason that they did not follow Rajnesh Vs Neha. Check them out here.
    • Calcutta HC in Nripendra Chandra Mahanta Vs Pramila Mahanta on 08 Feb 2023
    • Allahabad HC in Parul Tyagi Vs Gaurav Tyagi on 04 Aug 2023
    • Telangana HC in Chinta Vamshi Vs State of Telangana and Anr on 16 Oct 2023
    • Kerala HC in Rijas MT Vs Hafseena M on 15 Nov 2023
    • Patna HC in Gitanjali Devi Vs State of Bihar and Anr on 02 Dec 2023
    • Karnataka HC in Darshanik M M Vs Poornima A on 04 Dec 2023
    • MP HC in Balram Dixit Vs Kiran Dixit and Anr on 17 Jan 2024
      • It seems AP High Court is hell bent not to follow Rajnesh Vs Neha… and passed this perverse order here with a trivial reason. Karma!
    • AP HC following my success story in Sreekanth Vs Nalini in Meegada Venu Gopala Rao Vs Meegada Usha Rani and Ors on 10 Jul 2024. Happy!!!
    • AP HC in Kalavakuru Srinivas Kumar Reddy Vs Kalavakuru @ Revuru Sujatha and Ors on 05 Feb 2025 [My client’s case]
    • Orissa HC in Nabaghana Sahoo Vs Smruti Prava Sahoo and Anr on 11 Feb 2025

MASTER SITEMAP here.

Posted in Assorted Court Judgments or Orders or Notifications | Tagged Catena of Landmark Judgments Referred/Cited to CrPC 125 or BNSS 144 - Interim Maintenance Denied CrPC 125 or BNSS 144 - Interim Maintenance Granted CrPC 125 or BNSS 144 - Maintenance Denied CrPC 125 or BNSS 144 - Maintenance Granted HM Act 24 - Interim Maintenance Denied HM Act 24 - Interim Maintenance Granted Not followed Guidelines in Rajnesh Vs Neha Judgment PWDV Act Sec 20 - Maintenance Denied PWDV Act Sec 20 - Maintenance Granted Summary Post

Dr. Deepak K S Vs Dr. Sowmya Sharath on 23 March, 2018

Posted on May 28, 2018 by ShadesOfKnife

This is a funny judgment where by a highly qualified wife is granted maintenance under Section 24 of HMA.

Don’t miss to read the para 12

Dr. Deepak K S Vs Dr. Sowmya Sharath on 23 March, 2018

 

Posted in High Court of Karnataka Judgment or Order or Notification | Tagged Dr. Deepak K S Vs Dr. Sowmya Sharath HM Act 24 - Interim Maintenance Granted | 4 Comments

XXX Vs Amitabh Sinha on 27 Jul 2017

Posted on May 20, 2018 by ShadesOfKnife

This Maintenance order, under section 24 of Hindu Marriage Act, is modified ‘from the date of order’ to ‘from date of application’ by Karnataka High Court, thereby enormously enhancing the overall interim maintenance to be paid by husband.

XXX Vs Amitabh Sinha on 27 Jul 2017 (Petitioner name redacted)

Index of Maintenance Order under Hindu Marriage Act are here.


Note: Name (and Address) of the Petitioner redacted upon her request emails dt: 05 Jul 2023 and 25 Apr 2025.

Posted in High Court of Karnataka Judgment or Order or Notification | Tagged Article 226 - Power of High Courts to issue certain writs Article 227 - Power of superintendence over all courts by the High Court HM Act 24 - Interim Maintenance Enhanced HM Act 24 - Interim Maintenance Granted HM Act 24 - Maintenance From Date of Application Or Petition PWDV Act Sec 20 - Maintenance From Date of Order PWDV Act Sec 29 - Interim Maintenance Enhanced XXX Vs Amitabh Sinha | Leave a comment

Pradeep Kumar Vs Ratna Sharma on 3 July, 2009

Posted on May 12, 2018 by ShadesOfKnife

In this Judgment from Hon’ble Delhi High Court, it was help non-working Knife has to be given maintenance.

 

Pradeep Kumar Vs. Ratna Sharma on 3 July, 2009
Posted in High Court of Delhi Judgment or Order or Notification | Tagged HM Act 24 - Interim Maintenance Granted Pay Maintenance to Wife Pradeep Kumar Vs Ratna Sharma Wife Never Working Wife Not Qualified | Leave a comment

Bharat Hegde vs Saroj Hegde on 24 April, 2007

Posted on April 20, 2018 by ShadesOfKnife

Another Key Judgement from Delhi High Court elucidating the judicial principles required to be applied while deciding an Interim Maintenance application under Section 24 of Hindu Marriage Act 1955.

This is a case involving the son of Ex CM of Karnataka State of India, Mr. Rama Krishna Hegde.

Section 24 of the Hindu Marriage Act goes a step further inasmuch as it permits maintenance to be claimed by the husband even against the wife.

It should not expose the non applicant to unjust contempt or other coercive proceedings. On the other hand, maintenance should not be so low so as to make the order meaningless.

Tax avoidance is the norm. Tax compliance is the exception in this country. Therefore, in determining interim maintenance, there cannot be mathematical exactitude.

The 11 factors for consideration are:

1. Status of the parties.
2. Reasonable wants of the claimant.
3. The independent income and property of the claimant.
4. The number of persons, the non applicant has to maintain.
5. The amount should aid the applicant to live in a similar life style as he/she enjoyed in the matrimonial home.
6. Non-applicant’s liabilities, if any.
7. Provisions for food, clothing, shelter, education, medical attendance and treatment etc. of the applicant.
8. Payment capacity of the non applicant.
9. Some guess work is not ruled out while estimating the income of the non applicant when all the sources or correct sources are not disclosed.
10. The non applicant to defray the cost of litigation.
11. The amount awarded u/s. 125 Cr.PC is adjustable against the amount awarded u/s. 24 of the Act.”

If the capital asset is an industrial property, a coffee plantation, an orchard or any other agricultural holding, there would be a presumption that the said capital asset is yielding some income. It is not presumed to be a dead asset.

But where the law requires a Judge to form an opinion based on a host of primary data, a Judge can formulate an opinion pertaining to the likely income from the capital assets of the husband.

It is a well recognized principle of law that where a person withholds vital information, a presumption arises against him that had he disclosed the information, the same would have been adverse to him.

Sh. Bharat Hegde vs Smt. Saroj Hegde on 24 April, 2007

Citations : 140 (2007) DLT 16

Other Sources :

https://indiankanoon.org/doc/260066/

Posted in High Court of Delhi Judgment or Order or Notification | Tagged 1-Judge Bench Decision Bharat Hegde vs Saroj Hegde HM Act 24 - Interim Maintenance Granted Issued or Recommended Guidelines or Directions or Protocols to be followed Legal Procedure Explained - Interpretation of Statutes Reportable Judgement or Order Withhold Vital Information | Leave a comment

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    THIS IS A SCHEDULED EVENT Jul 16, 05:00 - 10:00 UTCJul 12, 04:32 UTCScheduled - We will be performing scheduled maintenance in IAD (Ashburn) datacenter on 2025-07-16 between 05:00 and 10:00 UTC.Traffic might be re-routed from this location, hence there is a possibility of a slight increase in latency during this maintenance window for end-users […]

RSS List of Spam Server IPs from Project Honeypot

  • 189.126.130.71 | SD July 13, 2025
    Event: Bad Event | Total: 48 | First: 2014-01-13 | Last: 2025-07-13
  • 45.232.176.220 | S July 13, 2025
    Event: Bad Event | Total: 4 | First: 2025-06-26 | Last: 2025-07-13
  • 45.65.213.1 | SD July 13, 2025
    Event: Bad Event | Total: 31 | First: 2017-06-08 | Last: 2025-07-13
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