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True Colors of a Vile Wife

Tag: HM Act 24 – Interim Maintenance Granted

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

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

PWDV Act 2005

No Maintenance under Protection of Women from Domestic Violence Act

Grant of Maintenance under Protection of Women from Domestic Violence Act

 

Hindu Marriage Act

No Maintenance under Hindu Marriage Act

Grant of Maintenance under Hindu Marriage Act

 

125 CrPC

No Maintenance under Section 125 CrPC

 

Others

Grant or Enhancement of Interim Maintenance

No Maintenance to Knife Judgments

 

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.


MASTER SITEMAP here.

Posted in Assorted Court Judgments or Orders or Notifications | Tagged Catena of Landmark Judgments Referred/Cited to CrPC 125 - Interim Maintenance Denied CrPC 125 - Interim Maintenance Granted CrPC 125 - Maintenance Denied CrPC 125 - Maintenance Granted HM Act 24 - Interim Maintenance Denied HM Act 24 – Interim Maintenance Granted PWDV Act 20 - Maintenance Granted PWDV Act Sec 20 - Maintenance Denied Summary Post

No Maintenance to Knife Judgments

Posted on May 29, 2018 by ShadesOfKnife

Broad grounds on which maintenance is denied to knife

1. Wife who Deserts husband not entitled for maintenance

 

2. Educated and Working Wife (even after marriage) not entitled for maintenance

  • Mamta Jaiswal vs Rajesh Jaiswal on 24 March, 2000
  • Neeraj Aggarwal Vs Veeka Aggarwal on September 19, 2007

 

3. Wife left job and sitting idle after filing cases not entitled for maintenance

 

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.

Posted in Assorted Court Judgments or Orders or Notifications | Tagged Catena of Landmark Judgments Referred/Cited to HM Act 24 – Interim Maintenance Granted Maintenance Protection of Women from Domestic Violence Act 2005 Summary Post | Leave a comment

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

Sunita Motwani Vs Amitabh Sinha on 27 July, 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.

 

Sunita Motwani vs Amitabh Sinha on 27 July, 2017

 

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 - Maintenance From Date of Application Or Petition HM Act 24 – Interim Maintenance Granted PWDV Act 20 - Maintenance From Date of Order PWDV Act Sec 29 - Interim Maintenance Enhanced | Leave a comment

Grant of Interim Maintenance under Hindu Marriage Act

Posted on May 12, 2018 by ShadesOfKnife

Here are list of interim maintenance judgments from various High Courts

 

Delhi High Court

  1. Bharat Hegde vs Saroj Hegde on 24 April, 2007
  2. Pradeep Kumar Vs. Ratna Sharma on 3 July, 2009
  3. Sujit Kumar Vs Vandana on 08 Aug 2016 [Based on Bharat Hegde above from 2007]

 

Karnataka High Court

  1. Sunita Motwani Vs Amitabh Sinha on 27 July, 2017
Posted in Assorted Court Judgments or Orders or Notifications | Tagged Catena of Landmark Judgments Referred/Cited to HM Act 24 – Interim Maintenance Granted Maintenance Summary Post | 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

Grant or Enhancement of Interim Maintenance

Posted on May 4, 2018 by ShadesOfKnife

Here 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.

Supreme Court Judgments

  1. Smt. Jasbir Kaur Sehgal Vs The District Judge Dehradun & Ors on 27 August, 1997 (Maintenance granted from Date of Application from Date of Order)
  2. Bhushan Kumar Meen vs Mansi Meen @ Harpreet Kaur on 28 April, 2009 (Reduced from 10K to 5K)
  3. 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)

 

Gujarat High Court Judgments

  1. Sunita Motwani Vs Amitabh Sinha on 27 July, 2017 (Maintenance granted from Date of Application from Date of Order)
  2. Hemlataben Maheshbhai Chauhan Vs State of Gujarat on 21 October, 2010

 

Karnataka High Court Judgments

  1. 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)
  2. Dr. Deepak K S Vs Dr. Sowmya Sharath on 23 March, 2018
  3.  

 

Posted in Assorted Court Judgments or Orders or Notifications | Tagged Catena of Landmark Judgments Referred/Cited to CrPC 125 - Interim Maintenance Granted HAM Act 18 - Interim Maintenance Granted HAM Act 23 - Interim Maintenance Granted HM Act 24 - Interim Maintenance Enhanced HM Act 24 – Interim Maintenance Granted PWDV Act Sec 23 - Interim Maintenance Granted PWDV Act Sec 29 - Interim Maintenance Enhanced Summary Post Work-In-Progress Article | 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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