Permanent Alimony Archives

False criminal prosecution by wife against husband and his family amounts to cruelty: Allahabad High Court

“For the act of cruelty committed, once arrest of parents of a spouse is caused on false allegations or allegations found to be false during a criminal trial, no further or strict proof of cruelty may be prescribed or applied by Courts.”

Case Briefs High Courts

Complete denial of company to spouse, without any justifiable reason, amounts to cruelty; Constitutes death of spirit and soul of Hindu marriage: Allahabad HC

“A Hindu marriage is a sacrament and not just a social contract where one partner abandons the other without reason or just cause or existing or valid circumstance necessitating that conduct, the sacrament loses its soul and spirit, though it may continue to hold its external form and body.”

Case Briefs Supreme Court

Irretrievable breakdown of marriage | Supreme Court invokes Article 142 of the Constitution to grant mutual consent divorce

This ruling is significant in the light of the judgment dated 01-05-2023, wherein the Constitution Bench had held that the Supreme Court has the power to dissolve a marriage on the ground of irretrievable breakdown under Article 142(1) of the Constitution of India.

Case Briefs High Courts

Would pledge of ornaments kept for marriage of a daughter and use for self without knowledge of husband would amount to cruelty? Chh HC decodes

Chhattisgarh High Court: In a matter pertaining to mental cruelty, the Division Bench of Goutam Bhaduri and N.K. Chandravanshi, JJ., expressed that,

Case Briefs High Courts

Can children claim any amount under the head of permanent alimony under S. 25 of Hindu Marriage Act? Ker HC explains

Kerala High Court: Observing that trauma in a marital discord is common to both parties, the Division Bench of A. Muhamed Mustaque

Case Briefs High Courts

Bom HC | Is it necessary for the wife to file an application for permanent alimony in ‘writing’ under S. 25 of Hindu Marriage Act? Court unfolds dilemma of ‘oral’ & ‘written’ application

Bombay High Court: Pushpa V. Ganediwala, J., addressed the following substantial questions of law: Whether it is necessary for the wife to

Case Briefs High Courts

Guj HC | Will permanent alimony granted to a Muslim woman be conditional to her remarriage? Detailed report untangling significance of ‘Permanent Alimony’ & ‘Periodical Maintenance’

Gujarat High Court: The Division Bench of J.B. Pardiwala and Vireshkumar B. Mayani, JJ., while addressing the issue of grant of permanent alimony

Case Briefs Supreme Court

Maintenance of wife|Husband doesn’t have to pay maintenance in each of the proceedings under different Maintenance laws [Explainer on Supreme Court guidelines]

Supreme Court has framed guidelines on overlapping jurisdiction under different enactments for payment of maintenance, payment of Interim Maintenance, the criteria for determining the quantum of maintenance, the date from which maintenance is to be awarded, and enforcement of orders of maintenance.

Case Briefs Supreme Court

Maintenance in matrimonial disputes| Supreme Court frames extensive guidelines; Resolves issue of overlapping jurisdiction under different Laws [Read Guidelines]

Supreme Court: The bench of Indu Malhotra* and R. Subhash Reddy, JJ has framed guidelines on the issue of maintenance of wife,

Case Briefs High Courts

Madras HC | Once permanent maintenance is received under S. 20 DV Act, yet due to change in circumstances if alteration in maintenance is required, what approach should be resorted? HC elucidates

Madras High Court: A Division Bench of M. Sathyanarayanan and P. Rajamanickam, JJ., addressed an appeal with regard to seeking interim maintenance when

Case Briefs High Courts

P&H HC | Wife entitled to permanent alimony even if a decree declaring her marriage null and void has been passed under S. 11 of HMA

Punjab and Haryana High Court: A Division Bench of Rakesh Kumar Jain and Harnaresh Singh Gill, JJ. allowed an appeal asking for

Case Briefs High Courts

Utt HC | Non-disclosure of major ailments before marriage amounts to ‘cruelty’ although the aliments itself are no grounds for divorce; dissolution of marriage upheld

Uttaranchal High Court: A Division Bench of Sudhanshu Dhulia and Ramesh Chandra Khulbe, JJ. entertained an appeal by the appellant-wife under Section