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Tag: PWDV Act Sec 29 – No pre-condition to Deposit Maintenance Arrears

Sabina Sahdev and Ors Vs Vidur Sahdev on 9 Jul 2018

Posted on November 14, 2020 by ShadesOfKnife

Division bench of Delhi High Court held that, the law does not prescribe any precondition such that the arrears amount of maintenance has to be deposited before appeal or revision can be allowed.

From Para 22,

22. Neither the language used by the Legislature in Section 399 read with Section 401 of the Cr.P.C., nor the language used in Section 29 of the DV Act even remotely suggest that the Legislature intended to impose pre-conditions to the availment of the said remedies, of the kind evolved in Rajeev Preenja (supra).

And then from Para 25,

25. Laudable as the object of the learned Single Judge may have been, the question is, whether in the light of the settled law taken note of hereinabove, the learned Single Judge while deciding Rajeev Preenja (supra) could have issued a general direction barring entertainment of criminal revisions under Section 399 read with Section 401 Cr.P.C. against orders granting interim maintenance to the wife/ child under Section 125 Cr.P.C., unless the entire arrears of maintenance up to date were first deposited? In our view, with due respect to the learned Single Judge, the answer is clearly in the negative. As to what should be the policy of the law is a matter which squarely falls within the preserve of the Legislature, and it is not a matter which the Courts can dictate, or evolve. It is one thing to interpret an existing law and, while doing so, to adopt an interpretation which is purposive, i.e. one which advances the objective of the enactment. However, it is quite a different thing to evolve a statutory scheme which, even the Legislature did not provide for.

Finally, in Paras 29 and 30,

29. As rightly pointed out by Mr. Bahl, imposition of a limitation on the statutory remedy of revision/ appeal under Section 399 of the Cr.P.C. or Section 29 of the DV Act- as the case may be, also falls foul of Article 14 of the Constitution of India for the reasons noticed by the Division Bench in Gagan Makkar (supra).Even if the condition in question – of the nature directed by the learned Single Judge in Rajeev Preenja (supra), were to exist in the statutory framework, the same may fail the test of reasonableness under Article 14 of the Constitution of India. This is for the reason that, in a given case, the order granting interim maintenance passed by the Ld. Magistrate either under Section 125 Cr.P.C or under Section 29 of the DV Act, may be so harsh and so unreasonable, as to make it impossible for the opposite party/ husband to comply with the same. Experience shows that in a large number of cases, the arrears of interim maintenance- which may be granted from the date of moving of the application before the Ld. Magistrate, may accumulate to a very large amount running into lakhs of rupees. The arrears of interim maintenance may not necessarily be a meager amount in all cases. It would be most unjust and unreasonable to bar his statutory remedy of revision/ appeal as the case may be, merely because he may not be in a position to deposit the entire arrears of interim maintenance.

From Para 30 (Corum cleverly clubbed 125 Cr.P.C. cases also along with DV cases!)

30. Thus, we answer the reference by holding that the general direction issued in Rajeev Preenja (supra) in paragraphs 15, 16 and 20 are not sustainable. The said directions could not have been issued by the learned Single Judge as they seek to curtail the statutory remedy of revision available under Section 399 read with Section 401 of the Cr.P.C, and of appeal under Section 29 of the DV Act, against orders granting interim maintenance under Section 125 Cr.P.C. and Section 23 of the DV Act respectively. The direction in question over steps into the legislative field, which was impermissible for the Court to do. We agree with the view taken by the learned Single Judge in Brijesh Kumar Gupta (supra), that there cannot be an absolute rider that the entire maintenance amount, as granted by the Trial Court, should be deposited prior to the entertainment of the statutory remedy, because it would leave the remedy of statutory revision/ appeal illusory. Accordingly, we hold that a revision under Section 399 read with Section 401 Cr.P.C. and an appeal under Section 29 of the DV Act, against the order granting maintenance under Section 125 Cr.P.C. and under Section 23 of the DV Act respectively, would be maintainable, and would be entertained and heard without any pre-condition of deposit of the arrears of maintenance as ordered by the Ld. MM. We further hold that the pendency of such a Revision or Appeal- as the case may be, shall not operate as a stay of the operation of the order granting interim maintenance. The reference is answered accordingly.

Sabina Sahdev and Ors Vs Vidur Sahdev on 9 Jul 2018

Citations : [2018 DLT 251 245], [2018 HLR 3 413], [2019 CRI LJ 218],[2018 (4) RCR (Criminal) 30], [2018 SCC OnLine Del 9747],

Other Sources :

https://indiankanoon.org/doc/80568294/

https://www.casemine.com/judgement/in/5b44dfac9eff431bb54655a9


Index of PWDV Act cases here. Index of Maintenance cases u/s 144 BNSS (125 Cr.P.C.) here.

Posted in High Court of Delhi Judgment or Order or Notification | Tagged 2-Judge (Division) Bench Decision Legal Procedure Explained - Interpretation of Statutes PWDV Act Sec 29 - Appeal Available PWDV Act Sec 29 - No pre-condition to Deposit Maintenance Arrears PWDV Act Sec 29 - Revision Available Reportable Judgement or Order Sabina Sahdev and Ors Vs Vidur Sahdev | Leave a comment

Domestic Violence Judgments

Posted on December 17, 2019 by ShadesOfKnife

Here is a list of Judgments under Protection of Women from Domestic Violence Act 2005 and various facets of violence/cruelty within Matrimonial relationships under various Statutes even before this Act. Life Cycle of a Domestic Violence case under PWDV Act 2005 here.

Bare Act (along with Statement of Objects and Reasons) is here and Rules are here. A 2-judge bench of Supreme Court passed guidelines to handle multiple maintenance litigation here.

 

1971-1980

  1. Narayan Ganesh Dastane Vs Sucheta Narayan Dastane on 19 March, 1975 [Definition of Mental Cruelty; Burden of Proof; Proof beyond reasonable doubt; Condonation of Cruelty]

 

 

1981-1990

 

1991-2000

  1. V.Bhagat Vs D.Bhagat on 19 November, 1993 [defined the meaning of Mental Cruelty with respect to Divorce petition]

 

 

2001-2005

  1. MS. Bhaskar Industries Ltd Vs MS. Bhiwani Denim and Apparels Ltd and Ors on 27 August 2001 [SC: Not a DV case but talks about Interlocutory Order]

 

2006-2010

  1. Lata Singh Vs State of U.P. and Another on 7 July, 2006 (Right to Marry a person of one’s choice)
  2. S.R. Batra and Anr Vs Taruna Batra on 15 December, 2006 (Supreme Court defined ‘Shared Household‘)
  3. Samar Ghosh vs Jaya Ghosh on 26 March, 2007 (Mental Cruelty defined)
  4. Abhijit Bhikaseth Auti Vs State Of Maharashtra and Anr on 16 September, 2008 [BomHC: Before granting an interim relief under sub-section 1, an opportunity of being heard is required to be granted to the respondent.]
  5. V.K.Vijayalekshmi Amma Vs Bindu V on 2 Dec 2009 ()
  6. Krishnamurthy Nookula Vs Savitha Y on 9 December, 2009 [KarHC: Audi Alterum Partem, Magistrate must conduct Inquiry in the nature of summary trial before Interim Maintenance]
  7. Vijay Verma Vs State NCT of Delhi and Anr on 13 August, 2010 (Delhi High Court)
  8. Jovita Olga Ignesia Mascarenhase Coutinho Vs Rajan Maria Coutinho and Anr on 24 Aug 2010 (BHC: Frame Issues after Hearing Both Parties)
  9. Rachna Kathuria Vs Ramesh Kathuria on 30 August, 2010 (DelHC: From my favorite judge but bad judgment; deny maintenance in DVC as there was maintenance under Section 125 of CrPC)
  10. Hemlataben Maheshbhai Chauhan Vs State of Gujarat on 21 October, 2010 [GujHC: Since wife was already getting maintenance under Section 125 of CrPC, Court denied interim maintenance in DVC]

 

 

2011-2015

  1. Sandhya Manoj Wankhade Vs Manoj Bhimrao Wankhade and Ors on 31 January 2011 (Women can also be made respondents)
  2. Dhaval Rajendrabhai Soni Vs Bhavini Dhavalbhai Soni and Ors on 04 Feb 2011 [GHC: Custody cannot be given to non-custodial parents under DV Act; Only visitation permissible to non-custodial parent]
  3. Inderjit Singh Grewal Vs State Of Punjab & Anr on 23 August, 2011 (1 year limitation of 468 CrPC applies to DV Cases)
  4. V.D. Bhanot Vs Savita Bhanot on 07 February 2012 (DV Conduct of parties prior to PWDV Act are to be considered; Mental Cruelty)
  5. Buravilli Siva Madhuri Vs Sri Buravilli Satya Venkata Lakshmana Rao and Ors on 25 September, 2012 (Andhra Pradesh High Court)
  6. Deoki Panjhiyara Vs Shashi Bhushan Narayan Azad and Anr on 12 Dec 2012 [SC: Unless there is a declaration of nullity/void of the marriage by a competent Court or authority, a aggrieved person can take advantage of benefits under DV Act.]
  7. Ashish Dixit and Ors Vs State of U.P. and Anr on 7 January, 2013 (Quashing of false DVC on relatives of husband)
  8. Mewa Singh and others Vs Sukhjeet Kaur on 29 April 2013 (PHHC: appearance of respondents disposed off)
  9. Markapuram Siva Rao & Others Vs State of Andhra Pradesh on 30 April, 2013 (Andhra Pradesh High Court)
  10. Indra Sarma vs V.K.V.Sarma on 26 November, 2013 (SC: No relationship in the nature of marriage, no DV can apply, No maintenance)
  11. Kolli Babi Sarojini And Others Vs Kolli Jayalaxmi And Another on 29 April, 2014 (Andhra Pradesh High Court)
  12. Koushik Vs. Sau. Sangeeta Koushik Gharami & ors on 05 May 2014 [BomHC: No DV, No Reliefs; not even for children]
  13. Ayishabi Vs Shahul Hameed on 16 July, 2014 (KerHC: Dispose within 3 months)
  14. Santosh Sashkant Dhonde Vs Sarika Santosh Dhonde and Ors on 11 September, 2014 [BomHC: Hearing before Interim Orders]
  15. Chandra Sukanya Devi Vs Chandra Srinivasulu on 18 November, 2014 (JMFC Court, Ongole, Andhra Pradesh)
  16. A.K. Srinivasa Rao and 3 Ors Vs State of AP on 19 January, 2015 (Andhra Pradesh High Court)
  17. P.Sugunamma And Others Vs State Of A.P. on 19 January, 2015 (Andhra Pradesh High Court)
  18. Giduthuri Kesari Kumar And Others Vs State of Telangana on 16 February 2015 (APHC: 2 grounds for quashing a DV Case, No shared household, any other case dismissed on same allegations; overruled by Prabha Tyagi here)
  19. Boddu Anjali and Anr Vs Boddu Annapoornamma and Ors on 17 June, 2015 [Ongole JCJC:]
  20. Gaddameedi Nagamani Vs The State Of Telangana on 17 July, 2015 (APHC: If any application is filed under Rule 37 of Criminal Rules of Practice or under Section 126(2) or Section 205 to represent through special vakalat or through advocate or for one to represent others as the case may be, the learned Magistrate shall entertain, hear and pass appropriate orders granting the same with necessary conditions)
  21. Rajkishore Shukla Vs Asha Shukla on 22 September, 2015 (Madhya Pradesh High Court)
  22. Krishna Bhatacharjee vs Sarathi Choudhury And Anr on 20 November, 2015 (Dipak Misra says, Judicially separated folks are also within the ambit of Aggrieved person)

2016-2020

  1. Kunapareddy @ Nookala Shanka Balaji Vs Kunapareddy Swarna Kumari On 18 April, 2016 (Court can allow amendments to complaint/petition, before cognizance of same is taken by Court)
  2. Prakash Nagardas Dubal-Shaha Vs Meena Prakash Dubal Shah and Ors on 22 April 2016 (Unsuccessful divorce proceedings cannot adversely affect the maintainability of DVC)
  3. Monojit Banerjee Vs Shalini Banerjee on 3 October, 2016 [KarHC: Hold an inquiry and then recorded finding as to grant interim relief or not]
  4. Hiral P Harsora and Ors Vs Kusum Narottamdas Harsora and Ors on October 6, 2016 [Supreme Court strikes down words ‘adult male‘ from the definition of Respondent u/s 2(q) and also the proviso to sec 2(q)]
  5. Dinesh Kumar Yadav Vs State of U.P and Anr on 27 Oct 2016 [AllHC: A Revision under Section 397/401 of Cr P C against a judgment and order passed by the Court of Sessions under
    Section 29 of the Act, 2005 is maintainable]
  6. Yadlapalli Mary Mani Vs The State Of Andhra Pradesh on 21 December, 2016 (Andhra Pradesh High Court)
  7. Girish Kumar Suneja Vs CBI on 13 Jul 2017 [SC: Not a DV case but talks about final, intermediate and Interlocutory Orders]
  8. Manmohan Attavar Vs Neelam Manmohan Attavar on 14 July, 2017 (SC: ‘Domestic Relationship’ Necessary To Permit A Party To Occupy ‘Shared Household’)
  9. Kuppusamy Vs Radhika on 21 July, 2017 (MadHC: Dispose DVC in 2 months)
  10. Santineer Vincent Rajkumar Vs R.Rejitha on 3 August, 2017 (Andhra Pradesh High Court)
  11. Jallarapu Laxman Rao Vs Jallarapu Pedda Venkateswarlu on 1 November, 2017 (AP HC: No Revision u/s 397/401 CrPC, as Sec 29 PWDV Act provides Revision/Appeal)
  12. Sushila Devi Vs Vikas Kumar Singhal And Ors on 9 Feb 2018 (RajHC: Dispose within 2 months)
  13. S Vs J on 17 Apr 2018 (DHC: Frame issues after hearing both parties)
  14. Ashmin Kashmiri Vs Pushkar Kashmiri on 04 Jul 2018 (HPHC: No DV, No Reliefs; not even for children)
  15. Sabina Sahdev and Ors Vs Vidur Sahdev on 9 Jul 2018 [DHC: no pre-condition can be laid before receiving Appeal/Revision such as deposit maintenance amount]
  16. Lalita Toppo Vs State of Jharkhand on 30 October 2018 (Live-in partner can also file DV case)
  17. Shalu Ojha and Prashant Ojha case (File income affidavit as Prescribed in Kusum Sharma)
  18. Sangita Saha Vs Abhijit Saha and Ors on 28 January, 2019 (SC: No DV, No Reliefs)
    • Upheld Abhijit Saha and Ors Vs Sangita Saha on 17 September, 2015 (CalHC: No DV, No Reliefs)
  19. Ajay Kumar Vs Lata @ Sharuti on 08 April 2019 (BIL pays interim maintenance)
  20. Tillottama Kumari Vs State of Bihar and Ors on 16 May 2019 (PatHC: Dispose DVC in 6 weeks)
  21. Kamlesh Devi Vs Jaipal and Ors on 04 Oct 2019 (SC: No allegations of domestic violence; No shared household)
  22. NS Leelavathi Vs R Shilpa Brunda on 11 December, 2019 (Karnataka High Court)
  23. Prakash Vinayak Gaikwad and Ors Vs State of Maharashtra and Anr on 13 Feb 2020 [BomHC: No Shared household, so no domestic relationship so no DVC maintainable on family members]
  24. N.Prasad Vs Harithalakshmi on 20 Jul 2020 (1 year limitation of 468 CrPC applies to DV Cases)
  25. Latha.P.C and Ors Vs State of Kerala and Ors on 15 Sep 2020 (482 CrPC against DVC is not maintainable; Magistrate u/s 28(2) can apply judicial mind of Preliminary objections)
  26. Afia Rasheed Khan Vs Mazharuddin Ali Khan and Anr on 10 Oct 2022 (SC: Upheld BHC Judgment stating casual visits/stays do not qualify as temporary stay)
  27. Satish Chander Ahuja Vs Sneha Ahuja on 15 Oct 2020 (SC: Overruled SR Batra judgment regd Shared Household concept; but also emphasized on the alternate accommodation)
  28. S.Vanitha Vs Deputy Commissioner on 15 Dec 2020 ()

 

2021-2025

  1. Dr.P.Pathmanathan and Ors Vs V.Monica and Anr on 18 Jan 2021 ()
  2. Masood Khan Vs. Millie Hazarika on 04 Mar 2021 (482 CrPC against DVC is maintainable as per Satish Chander)
  3. Maya and Ors Vs State of U.P. and Ors on 19 Mar 2021 (AllHC: Dispose DVC in 2 months)
  4. Puttaraju Vs Shivakumari on 01 Apr 2021 (MHC: Time limitation applies only for offence u/s 31 but not for the application u/s 12 of PWDV Act 2005)
  5. Robarto Nieddu Vs State of Rajasthan and Anr on 20 Nov 2021 (RajHC: non-citizen women residing in India temporarily also are classified as ‘aggrieved person’)
  6. Suyalaly and Anr Vs Alphin Jeyasingh and Ors on 29 Nov 2021 (MadHC: Dispose within 2 months)
  7. Ravneet Kaur Vs Prithpal Singh Dhingra on 24 Feb 2022 (DHC: Daughter-in-law can be evicted but an alternate accommodation must be provided)
  8. Nahida Rishad Cooper Vs Ali Daruwala and Ors on 25 Feb 2022 (BHC: Relatives who have no shared house-holding can also be respondents as per proviso to Sec 2(q))
    • Ali Hamid Daruwala Vs Nahida Rishad Cooper and Anr on 28 Feb 2023 (BHC: Relying on Prabha Tyagi, BHC held that no shared householding requirement is necessary)
  9. Vani Santhosh Babu Vs Vijaya Laxmi Vani on 3 Mar 2022 (TelHC: Dispose in 60 days)
  10. Kamatchi Vs Lakshmi Narayanan on 13 Apr 2022 [SC: Limitation does not apply to Sec 12 applications under PWDV Act]
  11. Bharti Anand Vs Sushant Anand and Ors on 26 Apr 2022 [DelHC: Mere fleeting or casual visits/living, without permanency, at different places shall not make it a shared household]
  12. Prabha Tyagi Vs Kamlesh Devi on 12 May 2022 (SC: DIR is not mandatory; No shared holding required)
  13. Rajamma H Vs Thimmaiah V on 09 Jun 2022 (KarHC: Dispose DVC within 2 weeks)
  14. Mrugesh Wasnik Vs Shweta Mrugesh on 22 Jun 2022 (BomHC: Dispose DVC within 3 months)
  15. P Parvathi Vs Pathloth Mangamma on 7 Jul 2022 (TelHC: Directions issued regd appearance of respondents)
  16. Naresh Kumar Yalla Vs State of Telangana on 21 Jul 2022 (TelHC: Dispose DVC in 1 month)
  17. Altaf Ahmad Zargar and Anr Vs Sana Alias Ruksana and Anr on 02 Sep 2022 (JKHC: After WS, Magistrate may dismiss the DVC and cancel any interim orders passed)
  18. Ragimani Gangadhar Vs Ragimani Padmavathi and Anr on 08 Sep 2022 (APHC: Disclose previous maintenance cases)
  19. Sandeep Pamarati Vs State of AP and Anr on 29 Sep 2022 (APHC: My Own case: Disposal of DVC in 60 days)
  20. S Anandanatesan Vs P Hemalatha on 23 Nov 2022 [MadHC: No DV, No Reliefs]
  21. Rajesh and Anr Vs Station House Officer and Ors on 05 Dec 2022 [KerHC: the existence of a domestic relationship between the complainant and the respondent is the sine qua non for seeking relief under the DV Act]
  22. Sunil Kumar and Ors Vs Elizabeth on 07 Feb 2023 [KarHC: Rental amount in lieu of accommodation in shared household can be given]
  23. Bhawna Vs Bhay Ram and Ors on 17 Feb 2023 [SC: No costs can be imposed on DV complainant for not proceeding with trial]
  24. Bhanu Kiran Vs Rahul Khosla and Ors on 28 Feb 2023 (PHHC: Interim Orders passed by Magistrate are appealable. Sessions Court can pass Interim Orders)
  25. Abhishek Agarwala and Anr Vs Smti Komal Poddar on 01 Mar 2023 (MegHC: Don’t insist on appearance of Respondents on each and every adjournment)
  26. Murlidhar Vs Sangita on 09 Mar 2023 [BomHC: No DV, No Reliefs]
  27. Kavitha M Vs Raghu on 16 Mar 2023 [KarHC: No need to conduct Inquiry in the nature of summary trial before passing Interim reliefs; Over rules Krishnamurthy Nookula Vs Savitha Y on 9 December, 2009]
  28. Sumeet Vs Himani Sumeet Ninave Nee on 29 Mar 2023 [BomHC: DV allegedly committed outside India can also be tried by Indian Courts]
  29. Sharnavva @Kasturi Vs Shivappa on 18 Apr 2023 [KarHC: No Strict proof of marriage required; No validity of marriage to be checked]
  30. Jaspal Kaur alias Pinki and Ors Vs State of Punjab and Anr on 24 Apr 2023 [Relies on Kunapareddy, Kamatchi, ]
  31. Sanjeev Kumar and Ors Vs Sushma Devi on 01 Jun 2023 [HimHC: Frame Issues after Hearing Both Parties]
  32. Rangesh Srinivasan Vs Madhulika Bawa on 07 Jun 2023 [DelHC: Stay on Interim Maintenance Order without any pre-condition; relied on Sabina Sahdev and Ors Vs Vidur Sahdev on 9 Jul 2018]
  33. Shilpashree J.M. Vs Gurumanjunatha .A.S. on 19 Jun 2023 [KarHC: No maintenance to idle sitting wife]
  34. Mummireddygari Prathap Reddy and Ors Vs Mummireddygari Srivani and Ors on 17 Jul 2023 [APHC: No Shared household, so no domestic relationship so no DVC maintainable on family members]
  35. Dhananjay Mohan Zombade Vs Prachi Dhananjay Zombade on 18 Jul 2023 [BomHC: No Shared household, so no domestic relationship so no DVC maintainable]
  36. Ashwini Pradhan Vs UOI and Anr on 08 Aug 2023 [MPHC: Sections 21 and 31 of PWDV Act are not unconstitutional]
  37. M.R.Somasundaram and Ors Vs B Rahini and Anr on 12 Dec 2023 [MadHC: Approach the Magistrate Court itself and raise the issue of maintainability and other preliminary issues]
  38. Mohammed Yasin Naikwadi Vs Aneesa and Anr on 13 Dec 2023 [KarHC: A protection order under DV Act does not include the order of granting monetary relief of maintenance under Section 20 of the D.V. Act]
  39. Kinjal Jayesh Mehta Vs Disha Jimit Sanghvi and Anr on 14 Feb 2024 [BomHC: Mere casual visits of the Petitioner to the shared household being devoid of any permanency is not sufficient and adequate to constitute residence in shared household]
  40. Kiran Jyot Maini Vs Anish Pramod Patel on 15 Jul 2024 [Interim Maintenance granted]
  41. Palaparthi Shebha and Anr Vs State of AP and Anr on 16 Jul 2024 [APHC: Interim maintenance order is made effective from the date of petition and not from date of Order]
  42. Krishnawati Devi and 6 Ors Vs State of UP and Anr on 22 Jan 2025 [AllHC: No Shared household, so no domestic relationship so no DVC maintainable on family members; Verify shared household condition satisfied or not before issuing notices; Dispose within 60 days]
  43. Kalavakuru Srinivas Kumar Reddy Vs Kalavakuru @ Revuru Sujatha and Ors on 05 Feb 2025 [APHC: Follow Rajnesh Vs Neha]
  44. Vishal Shah Vs Monalisha Gupta and Ors on 20 Feb 2025 [SC: there is no requirement for the personal presence of any party in the proceedings under the DV Act, because they are quasi-criminal in nature and do not entail any penal consequences]
  45. Abhijit Ankush Shelke and Ors Vs Shubhangi Abhijit Shelke and Anr on 09 May 2025 [SC: Voice sample may be compelled as per Sec 28(2) of PWDV Act and Article 20(3) will not apply]

 


MASTER SITEMAP here.

Posted in Assorted Court Judgments or Orders or Notifications | Tagged Catena of Landmark Judgments Referred/Cited to No Shared Household Protection of Women from Domestic Violence Act 2005 PWDV Act Sec 12 - Domestic Violence Application to Magistrate PWDV Act Sec 12 - Not Made Out PWDV Act Sec 12(5) - Dispose In 60 Days PWDV Act Sec 29 - No pre-condition to Deposit Maintenance Arrears Summary Post

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, 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

  1. 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)
  2. Smt. Jasbir Kaur Sehgal Vs The District Judge Dehradun & Ors on 27 August, 1997 (Maintenance granted from Date of Application from Date of Order)
  3. 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)
  4. Ruchi Agarwal Vs Amit Kumar Agrawal and Ors on 5 Nov 2004 [Once MCD done with no future claims, maintenance cannot be claimed later]
  5. Chaturbhuj Vs Sita Bai on 27 November, 2007 [who is eligible to claim maintenance u/s 125 Cr.P.C. and under what conditions]
  6. Bhushan Kumar Meen vs Mansi Meen @ Harpreet Kaur on 28 April, 2009 (Reduced from 10K to 5K)
  7. 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)
  8. Sunita Kachwaha and Ors Vs Anil Kuchwaha on 28 Oct 2014 [Wife must positively aver and prove that she is unable to maintain herself]
  9. 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 ]
  10. Aditi Sharma Vs Jitesh Sharma on 06 Nov 2023 [Reiterated/re-circulated Rajnesh Vs Neha to all High Courts]
  11. 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

  1. Kiran Dhar Vs Alok Berman on 14 May, 2014 (No Domestic relationship as First Wife alive)
  2. Ismile @ Shama Vs State Of U.P. & Others on 22 September, 2016 (Knife able to maintain herself)
  3. Vipin Kumar Vs State of U.P. and Anr on 25 Feb 2022 (relying on Hazi, held issue of arrest warrants in not correct law in case of non payment of maintenance)
  4. Parul Tyagi Vs Gaurav Tyagi on 04 Aug 2023 [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]
  5. 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]

 

Andhra Pradesh High Court

  1. 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]
  2. Moodududla Srinivas Vs Smt .N.Usha Rani on 13 April, 2017
  3. Gollamudi Ramesh Vs Modukuri Nagamani and Anr on 30 Aug 2017 [Evidence must not be taken via Affidavit as per Sec 126(2) CrPC]
  4. 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]
  5. Chinta Vamshi Vs State of Telangana and Anr on 16 Oct 2023 [Follow Rajnesh Vs Neha]
  6. 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]

Trial Courts:

  1. Byru Rajeswari Vs Byru Suresh Babu on 30 Apr 2018 (Knife failed to prove her allegations)
  2. Gadesula Radhika Vs Gadesula Rajesh on 22 Jan 2019 (Knife voluntarily left the company of husband)
  3. Palagani Samrajyam and Anr Vs Palagani Nagaraju on 30 Dec 2019 (Knife voluntarily left the company of husband)
  4. K Sreekanth Naik Vs P Nalini and Anr on 25 Apr 2024 [Follow Rajnesh Vs Neha]

 

Bombay High Court

  1. Sanjay Sudhakar Bhosale Vs Khristina on 8 April, 2008 (Cruelty not proved)
  2. Sachin Vs Sau. Sushma on 6 May, 2014 (Follow Section 421 of the Cr.P.C. first before arrest)
  3. Bhagwant Narnawre Vs Radhika Narnawre on 05 Apr 2019 (Wife is not a creditor)

 

Calcutta High Court

  1. 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

  1. Rishikesh Singh Vs Kiran Gautam on 05 Sep 2014 (MCD u/s 13B of HMA does not entitle wife maintenance u/s 125 CrPC)

 

Delhi High Court Judgments

  1. 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]
  2. 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]
  3. 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!]
  4. 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]
  5. Megha Khetrapal Vs Rajat Kapoor on 19 Mar 2025 [No Interim Maintenance from previously working wife]

Trial Courts:

  1. Neeraj Aggarwal Vs Veeka Aggarwal on September 19, 2007 (Educated and Working Wife (even after marriage) not entitled for maintenance)

Gauhathi High Court

  1. 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

  1. 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)
  2. 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)
  3. Ashokbhai Devsingbhai Chauhan Vs Taraben Ashokbhai Chauhan on 11 Nov 2019 (Wife is not a creditor)

 

Jammu and Kashmir and Ladakh High Court

  1. 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

  1. Ramdhani Sah Vs The State of Jharkhand on 22 June, 2016 (No arrest without following sec 421 Cr.P.C.)

 

Karnataka High Court

  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. 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 ]
  4. Y.G. Rajesh Vs M Ramya and Anr on 08 Feb 2024 [Standard deduction not to be considered as salary]
  5. K.L Rangaswamy Vs Sharadha. D on 20 Mar 2024 [Unclean hands; Liable for perjury; Interim Maintenance denial Order upheld]

 

Kerala High Court

  1. Rajesh R. Nair Vs Meera Babu on 5 Mar 2013 (Spouses living separately with mutual consent; No maintenance can be allowed)
  2. Rijas MT Vs Hafseena M on 15 Nov 2023 [No direct arrest warrant may be issued in case of failure to make maintenance payments]
  3. Abhilash.M.V Vs Soumya Soman on 10 Nov 2023 [Husband not given chance to file objections]
  4. Paul George Vs Emarin Paul on 12 Mar 2025 [No maintenance to a deserting wife]

 

Madhya Pradesh High Court

  1. Mamta Jaiswal vs Rajesh Jaiswal on 24 March, 2000 (Educated and Working Wife (even after marriage) not entitled for maintenance)
  2. Nirman Sagar Vs Monika Sagar Chaudhari and Anr on 01 Apr 2022 [No territorial jurisdiction]
  3. Balram Dixit Vs Kiran Dixit and Anr on 17 Jan 2024 [Follow Rajnesh Vs Neha]
  4. Shrikrishna Vs Sunita Bai on 02 May 2024 [Woman whose first marriage is subsisting, is not entitled to maintenance under section 125 CrPC]
  5. Shikha Vs Avaneesh Mahodaya on 10 Sep 2024 [well educated lady who also has her own source of income]

 

Madras High Court

  1. M.Chinna Karuppasamy Vs Kanimozhi on 16 Jul 2015 [No maintenance to adulterer wife]
  2. P Amutha Vs Gunsekaran on 23 Dec 2022 (Wife is not a creditor)

 

Orissa High Court

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

 

Patna High Court

  1. 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)
  2. Gitanjali Devi Vs State of Bihar and Anr on 02 Dec 2023 [Follow Rajnesh Vs Neha]

 

 

Punjab and Haryana High Court

  1. Asha Rani Vs Ranjit Singh on 11 Dec 2024 [No maintenance for Educated wife]

 

Telangana High Court

  1. Ekula Sujatha Vs Ekula Rajender and Anr on 1 Jul 2024 [No maintenance for Deserter wife]

 

Uttarakhand High Court

  1. Anshu Gupta Vs Adwait Anand on 09 Aug 2023 [Mother liable to pay maintenance to minor child]

Index of all Maintenance judgments is here.

Posted in Assorted Court Judgments or Orders or Notifications | Tagged BNSS Sec 144 - Order for maintenance of wives children and parents CrPC 125 or BNSS 144 - Maintenance Denied CrPC 125 or BNSS 144 - Order for Maintenance of Wives Children and Parents CrPC 125(3) or BNSS 144(3) - No Automatic Arrest on Failure To Pay Maintenance CrPC 125(4) or BNSS 144(4) - No Maintenance or Interim To Adulterer or Deserter Wife CrPC 421 - Warrant for levy of fine Follow CrPC 421 For Maintenance Recovery Not followed Guidelines in Rajnesh Vs Neha Judgment PWDV Act Sec 29 - No pre-condition to Deposit Maintenance Arrears Rajnesh Pal Naidu Vs Neha Naidu Joshi and Anr Reportable Judgement or Order Summary Post | Leave a comment

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