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True Colors of a Vile Wife

Tag: CrPC 125 or BNSS 144 – Interim Maintenance Granted

Sunita Kachwaha and Ors Vs Anil Kuchwaha on 28 Oct 2014

Posted on April 5 by ShadesOfKnife

A division bench of Apex Court held as follows,

From para 9,

9. Inability to maintain herself is the precondition for grant of maintenance to the wife. The wife must positively aver and prove that she is unable to maintain herself, in addition to the fact that her husband has sufficient means to maintain her and that he has neglected to maintain her. In her evidence, the appellant wife has stated that only due to help of her retired parents and brothers, she is able to maintain herself and her daughters. Where the wife states that she has great hardships in maintaining herself and the daughters, while her husband’s economic condition is quite good, the wife would be entitled to maintenance.

Sunita Kachwaha and Ors Vs Anil Kuchwaha on 28 Oct 2014

Citations: [AIR 2015 SUPREME COURT 554]

Other Sources:

https://indiankanoon.org/doc/3786357/

https://www.casemine.com/judgement/in/5609af48e4b01497114160aa


Index of Maintenance Judgments under 144 BNSS is here.

Posted in Supreme Court of India Judgment or Order or Notification | Tagged 2-Judge (Division) Bench Decision BNSS Sec 144 - Order for maintenance of wives children and parents CrPC 125 or BNSS 144 - Interim Maintenance Granted CrPC 125 or BNSS 144 - Order for Maintenance of Wives Children and Parents Landmark Case Legal Procedure Explained - Interpretation of Statutes Non-Reportable Judgement or Order Sunita Kachwaha and Ors Vs Anil Kuchwaha | 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 20 - Maintenance Granted PWDV Act Sec 20 - Maintenance Denied Summary Post

Deepak Laxminarayan Verma Vs State of Maharashtra on 1 April, 2016

Posted on January 14, 2019 by ShadesOfKnife

In this order from Bombay High Court, it is ruled out that based on evidence that knife is working, inferences cannot be taken for the income being earned. Similar situation when reversed, husband’s property/business are expected to give returns and that can be inferred and ass-umed.

Wah bhai High Courat. Tumhaaraa kaarname kamaal ki hey.

Deepak Laxminarayan Verma Vs State of Maharashtra on 1 April, 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 Bombay Judgment or Order or Notification | Tagged Baseless or Convoluted Judgment CrPC 125 or BNSS 144 - Interim Maintenance Granted CrPC 125 or BNSS 144 - Interim Maintenance Reduced Deepak Laxminarayan Verma Vs State of Maharashtra | Leave a comment

Reema Salkan Vs Sumer Singh Salkan on 25 September, 2018

Posted on November 27, 2018 by ShadesOfKnife

This time it is a practicing advocate who came begging for alms from her husband, not even caring to prove that she is destitute and unable to maintain herself.

See the timelines for disposal of a 125 CrPC case.

The application for maintenance, filed in 2003, was finally disposed of on 28th January, 2015 by Family Court. Then it moved onto Supreme Court and got disposed off on 25th September, 2018.

Reema Salkan Vs Sumer Singh Salkan on 25 September, 2018

[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 Supreme Court of India Judgment or Order or Notification | Tagged CrPC 125 or BNSS 144 - Interim Maintenance Granted PIL - CrPC 125 or BNSS 144 Must Go From Statute Book PWDV Act 20 - Maintenance From Date of Application Or Petition Reema Salkan Vs Sumer Singh Salkan | Leave a comment

Savitri Vs Shri Govind Singh Rawat on 9 October, 1985

Posted on August 2, 2018 by ShadesOfKnife

Read for yourself. This is the judgment of Hon’ble Apex Court which held that interim maintenance can be given in a Sec 125 CrPC case.

From Para 6,

6. In view of the foregoing it is the duty of the court to interpret the provisions in Chapter IX of the Code in such a way that the construction placed on them would not defeat the very object of the legislation. In the absence of any express prohibition, it is appropriate to construe the provisions in Chapter IX as conferring an implied power on the Magistrate to direct the person against whom an application is made under section 125 of the code to pay some reasonable sum by way of maintenance to the applicant pending final disposal of the application. It is quite common that applications made under section 125 of the code also take several months for being disposed of finally. In order to enjoy the fruits of the proceedings under Section 125, the applicant should be alive till the date of the final order and that the applicant can do in a large number of cases only if an order for payment of interim maintenance is passed by the court. Every court must be deemed to possess by necessary intendment all such powers as are necessary to make its orders effective. This principle is embodied in the maxim “ubi aliquid conceditur, conceditur et id sine quo res ipsa esse non potest” (Where anything is conceded, there is conceded also anything without which the thing itself cannot exist). [Vide Earl Jowitt’s Dictionary of English Law, 1959 Edn., p. 1797.] Whenever anything is required to be done by law and it is found impossible to do that thing unless something not authorised in express terms be also done then that something else will be supplied by necessary intendment. Such a construction though it may not always be admissible in the present case however would advance the object of the legislation under consideration. A contrary view is likely to result in grave hardship to the applicant, who may have no means to subsist until the final order is passed. There is no room for the apprehension that the recognition of such implied power would lead to the passing of interim orders in a large number of cases where the liability to pay maintenance may not exist. It is quite possible that such contingency may arise in a few cases but the prejudice caused thereby to the person against whom it is made is minimal as it can be set right quickly after hearing both the parties. The Magistrate may, however, insist upon an affidavit being filed by or on behalf of the applicant concerned stating the grounds in support of the claim for interim maintenance to satisfy himself that there is a prima facie case for making such an order. Such an order may also be made in an appropriate case ex parte pending service of notice of the application subject to any modification or even an order of cancellation that may be passed after the respondent is heard. If a civil court can pass such interim orders on affidavits, there is no reason why a Magistrate should not rely on them for the purpose of issuing directions regarding payment of interim maintenance. The affidavit may be treated as supplying prima facie proof of the case of the applicant. If the allegations in the application or the affidavit are not true, it is always open to the person against whom such an order is made to show that the order is unsustainable. Having regard to the nature of the jurisdiction exercised by a Magistrate under section 125 of the code, we feel that the said provision should be interpreted as conferring power by necessary implication on the Magistrate to pass an order directing a person against whom an application is made under it to pay a reasonable sum by way of interim maintenance subject to the other conditions referred to therein pending final disposal of the application. In taking this view we have also taken note of the provisions of Section 7(2)(a) of the Family Courts Act, 1984 (Act 66 of 1984) passed recently by Parliament proposing to transfer the jurisdiction exercisable by Magistrates under section 125 of the code to the Family Courts constituted under the said Act.

Note: By way on an amendment to Cr.P.C. 1973 in 2001, the Parliament brought the following two Provisos.

Provided further that the Magistrate may, during the pendency of the proceeding regarding monthly allowance for the maintenance under this sub-section, order such person to make a monthly allowance for the interim maintenance of his wife or such child, father or mother, and the expenses of such proceeding which the Magistrate considers reasonable, and to pay the same to such person as the Magistrate may from time to time direct:
Provided also that an application for the monthly allowance for the interim maintenance and expenses of proceeding under the second proviso shall, as far as possible, be disposed of within sixty days from the date of the service of notice of the application to such person.

Savitri Vs Shri Govind Singh Rawat on 9 October, 1985

Citations: [1986 AIR SC 984], [1985 AWC SC 11 906], [1986 BOMLR 88 223], [1985 GLH 1184], [1985 MHLJ 976], [1986 PLJR 6], [1985 SCALE 2 697], [1985 SCC 4 337], [1985 SUPP SCR 3 615], [1985 SCC CRI 556], [1985 CRIMES SC 2 872], [1986 CRIMES SC 1 148], [1986 CRLJ SC 41], [1986 CAR 1], [1986 CRLR 1], [1985 BBCJ 160], [1986 MLJ CRI 1 12], [1985 DLT 28 437], [1985 MPLJ SC 662]

Other Sources:

https://indiankanoon.org/doc/1194071/

https://www.casemine.com/judgement/in/5609ac1fe4b014971140e17e

https://vlex.in/vid/special-leave-petition-civil-852326810

Posted in Supreme Court of India Judgment or Order or Notification | Tagged 2-Judge (Division) Bench Decision CrPC 125 or BNSS 144 - Interim Maintenance Granted Landmark Case Legal Procedure Explained - Interpretation of Statutes Reportable Judgement or Order Savitri Vs Shri Govind Singh Rawat | Leave a comment

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