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True Colors of a Vile Wife

Tag: PWDV Act Sec 29 – Interim Maintenance Enhanced

Rachna Kathuria Vs Ramesh Kathuria on 30 August, 2010

Posted on December 8, 2018 by ShadesOfKnife

In this judgment from Hon’ble Delhi High Court, it was held that “If a woman living separate from her husband had already filed a suit claiming maintenance and after adjudication maintenance has been determined by a competent court either in Civil Suit or by Court of MM in an application under Section 125 Cr.P.C. she does not have a right to claim additional maintenance under the Act. The Court of MM under the Act has power to grant maintenance and monetary reliefs on an interim basis in a fast track manner only in those cases where woman has not exercised her right of claiming maintenance either under Civil Court or under Section 125 Cr.P.C.”

Why PWDV Act?

Also held “It must be understood that the Protection of Women from Domestic Violence Act, 2005 does not create any additional right to claim maintenance on the part of the aggrieved person. It only puts the enforcement of existing right of maintenance available to an aggrieved person on fast track.”

Rachana Khaturia Vs Ramesh Kathuria on 30 August, 2010

Index to DV Judgments is here.

Posted in High Court of Delhi Judgment or Order or Notification | Tagged 1-Judge Bench Decision CrPC 125 or BNSS 144 - Order for Maintenance of Wives Children and Parents HAM Act 18 - Interim Maintenance Granted HAM Act 23 - Interim Maintenance Granted PIL - CrPC 125 or BNSS 144 Must Go From Statute Book PWDV Act Sec 20 - Maintenance Granted PWDV Act Sec 29 - Interim Maintenance Enhanced Rachna Kathuria Vs Ramesh Kathuria | Leave a comment

Chiranjeev Kumar Arya Vs State Of U.P. & Another on 29 June, 2016

Posted on May 31, 2018 by ShadesOfKnife

This is a wonderful and interesting judgment from Hon’ble Allahabad High Court involving advocate fraud.

Salient Point of interest:

  • Interim granted under Section 12 of PWDVA at Rs.1000/-
  • On Appeal under Section 29 of PWDVA, this is enhanced to Rs.30,000/-, yes thirty thousand Indian rupees
  • Proceedings under Sections 12, 18, 19, 20, 21, 22 and 23 of the Act are also governed by the Cr.P.C.
  • No finality has been attached to the order passed under Section 29.
Chiranjeev Kumar Arya Vs State Of U.P. & Another on 29 June, 2016

[related_posts_by_tax title=”5 Recently Updated Posts, Similar or Related To Above Post” orderby=”post_modified” posts_per_page=”5″ show_date=”true”]

Posted in High Court of Allahabad Judgment or Order or Notification | Tagged Advocate Antics Chiranjeev Kumar Arya Vs State Of U.P. and Another PWDV Act Sec 29 - Interim Maintenance Enhanced Suppression of Material Facts | Leave a comment

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

Smt. Jasbir Kaur Sehgal Vs The District Judge Dehradun & Ors on 27 August, 1997

Posted on April 20, 2018 by ShadesOfKnife

Read this judgment from Supreme Court of India which is important in more than one ways.

Lower Courts are impleaded as respondents:

It is not proper or even justified on the part of the appellant to implead the courts as respondents and respondents 1 and 2 are, therefore, struck off from the record of this appeal.

 

It does appear to us from the affidavit of the husband that it conceals more than what it tells of his income and other assets. Attempt has been made to conceal his true income and that leads us to draw an adverse inference against the husband about his income that it is much more than what is being disclosed to us.

 

Considering the diverse claims made by the parties one inflating the income and the other suppressing an element of conjecture and  guess work does enter for arriving at the income of the husband. It cannot be done by any mathematical precision.

 

Court has to consider the status of the parties, their respective needs, capacity of the husband to pay having regard to his reasonable expenses for his own maintenance and those; he is obliged under the law and statutory but involuntary payments or deductions. Amount of maintenance fixed for the wife should be such as she can live in reasonable comfort considering her status and the mode of life she was used to when she lived with her husband and also that she does not feel handicapped in the prosecution of her case. At the same time, the amount so fixed cannot be excessive or extortionate.

Date from which Interim maintenance can be claimed:

If wife has no source of income it is the obligation of the husband to maintain her and also children of the marriage on the basis of the provision contained in the Hindu Adoption and Maintenance Act, 1956.
Her right to claim maintenance fructifies on the date of the filing of the petition for divorce under the Act.

The court has discretion in the matter as to from which date maintenance under Section 24 of the Act should be granted.

Smt. Jasbir Kaur Sehgal vs The District Judge Dehradun & Ors on 27 August, 1997

 

Posted in Supreme Court of India Judgment or Order or Notification | Tagged HM Act 24 - Interim Maintenance Granted Proforma Respondents PWDV Act Sec 20 - Maintenance From Date of Order PWDV Act Sec 29 - Interim Maintenance Enhanced | Leave a comment

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