Satya Narayan Pattnayak
Chief Executive
Legalsindia
List Of Judgments Where Maintenance Denied To Wife
These are the list of judgments in which Maintenance denied to wives. These judgments will helpful to those husbands who are seeking for justice.
1. MUMBAI HIGH COURT: Dated 17 July, 1991
Same relief (maintenance)cannot be asked twice in two different courts
2. MADHYA PRADESH HIGH COURT: Madhuri Bai vs Minor Surendra Kumar And Anr. on 24 April, 1998
Child can claim maintenance u/s 125 from mother
3. HIGH COURT OF P & H : Dated 28 July 1961
Maintenance not based on Arithmetic Calculation
4. KARNATAKA HIGH COURT: Dated 22 September 1992
Women to Prove legitimacy of child for maintenance
5. MADHYA PRADESH HIGH COURT : Dated 24 March 2000
No Interim/Maintenance for Capable, Working Women
6. DELHI HIGH COURT : Dated 28 July 2008
She was earning and she had not come to the Court with clean hands.
7. MADRAS HIGH COURT : Dated 22 Feb 2008
Wife Troubled -No Maintenance
8. SUPREME COURT : Dated 23 March, 2009
SC Judgement on HMA24 - Wife working no maintenance
9. HIGH COURT OF P & H
Maintenance awarded in two sections to be offset
10. HIGH COURT OF ALLAHABAD
Old Parents, Maintenance reduced.
11. MUMBAI HIGH COURT: Dated 22 February, 2008
Perjury in 125 crPc
12. MUMBAI HIGH COURT : Dated Apr 2008.
Maintenance not granted as it is proved no reason to leave husbands.
13. MADRAS HIGH COURT: S.Chandra vs C.V.Sridharan on 21 February 2007
Claim alimony within 6 Months of Divorce
14. DELHI HIGH COURT: Sanjay Bhardwaj & Ors. vs The State & Anr. on 27 August, 2010
Unemployed man can not be forced to pay Maintenance
15. SUPREME COURT OF INDIA: Ines Miranda vs Santosh K Swamy dated 14 December 2010
TRANSFER PETITION – Payment to Husband
16. MUMBAI HIGH COURT : Dated 4 Feb 2005
Maintenance not granted as it is proved that wife wants to reside separately.
17. DELHI COURT : METROPOLITAN MAGISTRATE, NEW DELHI
Vexatious petition, maintenance, relief is declined
18. BOMBAY HIGH COURT : Dated 14 March 2011
Perjury Judgement : Rigorous imprisonment for False Case
19. ADDITIONAL SESSIONS JUDGE (CENTRAL)TIS HAZARI COURTS, DELHI: Dated 15 April 2011
Maintenance claim based on Affidavit dismissed
20. PUNJAB - HARYANA HIGH COURT: Dated 17 February 2011
Maintenance claim based on Affidavit dismissed
21. DELHI HIGH COURT
Husband Property Not Counted in Maintenance
22. CHENNAI HIGH COURT : Dated 21 June 2002
Maintenance Denied
23. DELHI HIGH COURT : Dated 1 September, 2010
Claim of high status of husband not sufficient for interim maintenance
24. DELHI HIGH COURT : Dated 30 August, 2010
Multiple Maintenance petitions are not allowed
25. SUPREME COURT OF INDIA : Dated 20 July, 2010
Reduced Interim Maintenance
26. SUPREME COURT OF INDIA : Dated 11 June, 1993
No Maintenance
27. MUMBAI HIGH COURT : Dated 18 July, 2009
No Maintenance to Wife if RCR By Husband Succeed
28. MUMBAI HIGH COURT
Permanent Alimony Cancelled.
29. MUMBAI HIGH COURRT: Dated 2010
Income Tax and Maintenance
30. MUMBAI HIGH COURRT: Dated 18 November 2010
Income tax returns cannot decide Maintenance
31. MADHYA PRADESH HIGH COURT: Dated 29 August 1991
Challenging the rejected interim maintenance
32. PUNJAB HARYANA HIGH COURT: Dated 25 January, 2010
False affidavit, perjury procedure in 24 HMA
33. DELHI HIGH COURT : Dated 7 September 2006
Divorce withdrawn – Maintenance to be paid
34. DELHI HIGH COURT: Dated 16 November 2004
Father In Law not responsible for Residence
36. CENTRAL INFORMATION COMMISSION
Bank Account Details and confidentiality
37. BOMBAY HIGH COURT: Dated 15 September, 2004
Return of Stridhan, Alimony and Hiding Past
38. GAUHATI HIGH COURT: Dated 23 April, 2004
Guardianship within 2 Months
39. DELHI HIGH COURT : Dated 9 March, 2010
Fine for Delaying tactics by Lawyer
40. CENTRAL INFORMATION COMMISSION
Central Information Commission - CIC Order in Passport Details
41. DELHI HIGH COURT : Dated 25 October, 2010
Petitioner must claim she is unable to maintain herself for relief of maintenance
42. ALLAHABAD HIGH COURT : Dated 25 March, 1976
Petitioner must claim she is unable to maintain herself for relief of maintenance
43. KARNATAKA HIGH COURT : Dated 13 February, 1980
She should prove that she is unable to maintain herself in addition to the facts that
her husband has sufficient means
to maintain her and that he has neglected to maintain her
44. KARNATAKA HIGH COURT : Dated 22 August, 2005
No maintenance for earning wife
45. DISTRICT COURT , SAKET, DELHI : Dated 18 Nov 2010
Employable wife not entitled to maintenance.
46. DISTRICT COURT , SAKET, DELHI : Dated 24 March 2008
An NRI wins an interim maintenance case
47. FAMILY COURT , HYDERABAD
Hyderabad Family court, unclean hands, no maintenance
48. DELHI HIGH COURT: Dated 17 April 2007
Conditions when maintenance to be paid
49. SUPREME COURT OF INDIA : Dated 11 January, 2011
All State Amendments in Sec. 125 are invalid
50. SUPREME COURT OF INDIA : Dated 17 February, 2006
Habeas Corpus for girl child custody to Father
51. SUPREME COURT OF INDIA : Dated 28 April, 2005
Habeas Corpus dismissed in Custody Appeal
52. SUPREME COURT OF INDIA : Dated 21 November, 2006
Custody to remarried women
53. MADRAS HIGH COURT : Dated 25 January, 2006
Habeas Corpus on Custody to Father
54. MADRAS HIGH COURT : Dated 6 February, 2006
Habeas Corpus for Custody on Death
55. KERALA HIGH COURT : Dated December, 2010
NBW cannot be issued for non-payment of maintenance
56. CENTRAL INFORMATION COMMISSION
CIC – Income Tax Details of FIL are public
57. UTTARANCHAL HIGH COURT : Dated 17 March, 2011
HC Quash Maintenance
58. MUMBAI HIGH COURT :Dated 13 September, 1995
No multiple maintenance claims
59. SUPREME COURT OF INDIA : Dated 9 October, 1985
Magistrate can grant interim maintenance ?
61. SUPREME COURT OF INDIA : Dated 16 February, 2000
Habeas Corpus in Custody
62. MADRAS HIGH COURT : Dated 27 March, 2007
Habeas Corpus in Divorce / Custody Petition
63.SUPREME COURT OF INDIA : Dated 17 October, 1974
Separate income of the wife can be taken into account in determining the amount of maintenance payable to her
64. DELHI HIGH COURT : Dated 31 January, 2003
HMA moveable property cannot be termed as Income
65. DELHI HIGH COURT : Dated 18 September, 2008
Maintenance On Actual Earnings
66. DELHI HIGH COURT : Dated 30 September, 2008
Parents can kick out their Children
67. DELHI HIGH COURT : Dated 28 March, 2000
Liability of maintenance of children is co-extensive
68. GUJRAT HIGH COURT : Dated on 21 October 2010
No Multiple maintenance
69. DELHI HIGH COURT : Dated 12 October, 2009
DV can be filed anywhere
70. MADRAS HIGH COURT : Dated 28 October, 2010
Magistrate should not blindly call all family members as respondents
71. DELHI HIGH COURT : Dated 4 October, 2010
DVA only against who are in domestic relationship
72. DELHI HIGH COURT : Dated 20 September, 2010
How to decide domestic relationship in DVA
73. DELHI HIGH COURT : Dated 8 February, 2010
Frivolous petition claiming damages dismissed
74. DELHI HIGH COURT : Dated 7 January, 2010
Maintenance, Women fined, Contempt of Court
75. ANDHRA HIGH COURT : Dated 15 November, 1995
Maintenance to illegitimate Child
76. CENTRAL INFORMATION COMMISSION
RTI – Husband can get Wife PF details
77. ANDHRA HIGH COURT : Dated 31 March, 1989
Maintenance arrears for 1 year only !
78. SUPREME COURT OF INDIA : Dated 6 December, 2005
Fine for forcibly taking away Child
79. MADRAS HIGH COURT : Dated 28 February, 2007
Family Court Jurisdiction
80. SUPREME COURT OF INDIA : Dated 2 March 2000
Wife is not entitled to maintenance who has deserted her husband,
81. SUPREME COURT OF INDIA : Dated 03 December 2009
No Maintenance If Wife Lies
82. SUPREME COURT OF INDIA : Dated 28 April 2009
Take EMI Into Consideration in Maintenance
83. HIGH COURT OF STATE OF PUNJAB AND HARYANA AT CHANDIGARH : Dated 13 March 2009
No alimony to Women who desert her husband
84. SUPREME COURT OF INDIA : Dated 23 February, 2009
Interim maintenance increase illegal as no income proof produced
85. SUPREME COURT OF INDIA : Dated 20 July, 2010
Interim maintenance amount should be based on status of both part
86. CHATTISGARAH HIGH COURT : Dated 15 February, 2004
No maintenance for a deserting wife
87. RAJASTHAN HIGH COURT: Dated 22 January, 1999
No maintenance for a deserting wife
88. BOMBAY HIGH COURT : Dated 26 February, 2010
Interim maintenance cannot be increased based on husband's salary hike.
89. GUJARAT HIGH COURT : Dated 9 February, 2011
Children has to maintain parents.
90. SUPREME COURT OF INDIA : Dated 20 July 2011
Meaning of unable to maintain
91. SUPREME COURT OF INDIA : Dated 27 November 2007
Unable to maintain herself in Maintenance
92. DISTRICT & SESSION JUDGE DELHI : Dated 28th August 2010
Landmark Judgement for DV Case
93. CHENNAI HIGH COURT : Dated 26th August 2010
Perjury Case
94. ALLAHABAD HIGH COURT : Dated 19 January, 2010
Wife fined 10,000/- in Perjury case but Husband fighting for further action!!
95. DELHI HIGH COURT : Dated 18 August, 2010
Every allegations do not justify initiation of prosecution under 340 CRPC
96. KARNATAKA HIGH COURT : Dated 15 March, 2001
Petition under CrPC 340 must be decided only at the end
97. ALLAHABAD HIGH COURT : Dated 09 January 2003
Perjury application must be decided first before proceeding with the case
98. SUPREME COURT OF INDIA : Dated 14 November, 1994
No one should indulge in immoral acts like perjury, prevarication and motivated falsehoods : 2 weeks Jail
99. GUJARAT HIGH COURT : Dated 18 August, 2010
Petitioner agreed for perjury – Gujrat HC told to deposit 25K as probable fine
100. SUPREME COURT OF INDIA : Dated 1 December, 2010
Chief Executive
Legalsindia
List Of Judgments Where Maintenance Denied To Wife
These are the list of judgments in which Maintenance denied to wives. These judgments will helpful to those husbands who are seeking for justice.
1. MUMBAI HIGH COURT: Dated 17 July, 1991
Same relief (maintenance)cannot be asked twice in two different courts
2. MADHYA PRADESH HIGH COURT: Madhuri Bai vs Minor Surendra Kumar And Anr. on 24 April, 1998
Child can claim maintenance u/s 125 from mother
3. HIGH COURT OF P & H : Dated 28 July 1961
Maintenance not based on Arithmetic Calculation
4. KARNATAKA HIGH COURT: Dated 22 September 1992
Women to Prove legitimacy of child for maintenance
5. MADHYA PRADESH HIGH COURT : Dated 24 March 2000
No Interim/Maintenance for Capable, Working Women
6. DELHI HIGH COURT : Dated 28 July 2008
She was earning and she had not come to the Court with clean hands.
7. MADRAS HIGH COURT : Dated 22 Feb 2008
Wife Troubled -No Maintenance
8. SUPREME COURT : Dated 23 March, 2009
SC Judgement on HMA24 - Wife working no maintenance
9. HIGH COURT OF P & H
Maintenance awarded in two sections to be offset
10. HIGH COURT OF ALLAHABAD
Old Parents, Maintenance reduced.
11. MUMBAI HIGH COURT: Dated 22 February, 2008
Perjury in 125 crPc
12. MUMBAI HIGH COURT : Dated Apr 2008.
Maintenance not granted as it is proved no reason to leave husbands.
13. MADRAS HIGH COURT: S.Chandra vs C.V.Sridharan on 21 February 2007
Claim alimony within 6 Months of Divorce
14. DELHI HIGH COURT: Sanjay Bhardwaj & Ors. vs The State & Anr. on 27 August, 2010
Unemployed man can not be forced to pay Maintenance
15. SUPREME COURT OF INDIA: Ines Miranda vs Santosh K Swamy dated 14 December 2010
TRANSFER PETITION – Payment to Husband
16. MUMBAI HIGH COURT : Dated 4 Feb 2005
Maintenance not granted as it is proved that wife wants to reside separately.
17. DELHI COURT : METROPOLITAN MAGISTRATE, NEW DELHI
Vexatious petition, maintenance, relief is declined
18. BOMBAY HIGH COURT : Dated 14 March 2011
Perjury Judgement : Rigorous imprisonment for False Case
19. ADDITIONAL SESSIONS JUDGE (CENTRAL)TIS HAZARI COURTS, DELHI: Dated 15 April 2011
Maintenance claim based on Affidavit dismissed
20. PUNJAB - HARYANA HIGH COURT: Dated 17 February 2011
Maintenance claim based on Affidavit dismissed
21. DELHI HIGH COURT
Husband Property Not Counted in Maintenance
22. CHENNAI HIGH COURT : Dated 21 June 2002
Maintenance Denied
23. DELHI HIGH COURT : Dated 1 September, 2010
Claim of high status of husband not sufficient for interim maintenance
24. DELHI HIGH COURT : Dated 30 August, 2010
Multiple Maintenance petitions are not allowed
25. SUPREME COURT OF INDIA : Dated 20 July, 2010
Reduced Interim Maintenance
26. SUPREME COURT OF INDIA : Dated 11 June, 1993
No Maintenance
27. MUMBAI HIGH COURT : Dated 18 July, 2009
No Maintenance to Wife if RCR By Husband Succeed
28. MUMBAI HIGH COURT
Permanent Alimony Cancelled.
29. MUMBAI HIGH COURRT: Dated 2010
Income Tax and Maintenance
30. MUMBAI HIGH COURRT: Dated 18 November 2010
Income tax returns cannot decide Maintenance
31. MADHYA PRADESH HIGH COURT: Dated 29 August 1991
Challenging the rejected interim maintenance
32. PUNJAB HARYANA HIGH COURT: Dated 25 January, 2010
False affidavit, perjury procedure in 24 HMA
33. DELHI HIGH COURT : Dated 7 September 2006
Divorce withdrawn – Maintenance to be paid
34. DELHI HIGH COURT: Dated 16 November 2004
Father In Law not responsible for Residence
36. CENTRAL INFORMATION COMMISSION
Bank Account Details and confidentiality
37. BOMBAY HIGH COURT: Dated 15 September, 2004
Return of Stridhan, Alimony and Hiding Past
38. GAUHATI HIGH COURT: Dated 23 April, 2004
Guardianship within 2 Months
39. DELHI HIGH COURT : Dated 9 March, 2010
Fine for Delaying tactics by Lawyer
40. CENTRAL INFORMATION COMMISSION
Central Information Commission - CIC Order in Passport Details
41. DELHI HIGH COURT : Dated 25 October, 2010
Petitioner must claim she is unable to maintain herself for relief of maintenance
42. ALLAHABAD HIGH COURT : Dated 25 March, 1976
Petitioner must claim she is unable to maintain herself for relief of maintenance
43. KARNATAKA HIGH COURT : Dated 13 February, 1980
She should prove that she is unable to maintain herself in addition to the facts that
her husband has sufficient means
to maintain her and that he has neglected to maintain her
44. KARNATAKA HIGH COURT : Dated 22 August, 2005
No maintenance for earning wife
45. DISTRICT COURT , SAKET, DELHI : Dated 18 Nov 2010
Employable wife not entitled to maintenance.
46. DISTRICT COURT , SAKET, DELHI : Dated 24 March 2008
An NRI wins an interim maintenance case
47. FAMILY COURT , HYDERABAD
Hyderabad Family court, unclean hands, no maintenance
48. DELHI HIGH COURT: Dated 17 April 2007
Conditions when maintenance to be paid
49. SUPREME COURT OF INDIA : Dated 11 January, 2011
All State Amendments in Sec. 125 are invalid
50. SUPREME COURT OF INDIA : Dated 17 February, 2006
Habeas Corpus for girl child custody to Father
51. SUPREME COURT OF INDIA : Dated 28 April, 2005
Habeas Corpus dismissed in Custody Appeal
52. SUPREME COURT OF INDIA : Dated 21 November, 2006
Custody to remarried women
53. MADRAS HIGH COURT : Dated 25 January, 2006
Habeas Corpus on Custody to Father
54. MADRAS HIGH COURT : Dated 6 February, 2006
Habeas Corpus for Custody on Death
55. KERALA HIGH COURT : Dated December, 2010
NBW cannot be issued for non-payment of maintenance
56. CENTRAL INFORMATION COMMISSION
CIC – Income Tax Details of FIL are public
57. UTTARANCHAL HIGH COURT : Dated 17 March, 2011
HC Quash Maintenance
58. MUMBAI HIGH COURT :Dated 13 September, 1995
No multiple maintenance claims
59. SUPREME COURT OF INDIA : Dated 9 October, 1985
Magistrate can grant interim maintenance ?
61. SUPREME COURT OF INDIA : Dated 16 February, 2000
Habeas Corpus in Custody
62. MADRAS HIGH COURT : Dated 27 March, 2007
Habeas Corpus in Divorce / Custody Petition
63.SUPREME COURT OF INDIA : Dated 17 October, 1974
Separate income of the wife can be taken into account in determining the amount of maintenance payable to her
64. DELHI HIGH COURT : Dated 31 January, 2003
HMA moveable property cannot be termed as Income
65. DELHI HIGH COURT : Dated 18 September, 2008
Maintenance On Actual Earnings
66. DELHI HIGH COURT : Dated 30 September, 2008
Parents can kick out their Children
67. DELHI HIGH COURT : Dated 28 March, 2000
Liability of maintenance of children is co-extensive
68. GUJRAT HIGH COURT : Dated on 21 October 2010
No Multiple maintenance
69. DELHI HIGH COURT : Dated 12 October, 2009
DV can be filed anywhere
70. MADRAS HIGH COURT : Dated 28 October, 2010
Magistrate should not blindly call all family members as respondents
71. DELHI HIGH COURT : Dated 4 October, 2010
DVA only against who are in domestic relationship
72. DELHI HIGH COURT : Dated 20 September, 2010
How to decide domestic relationship in DVA
73. DELHI HIGH COURT : Dated 8 February, 2010
Frivolous petition claiming damages dismissed
74. DELHI HIGH COURT : Dated 7 January, 2010
Maintenance, Women fined, Contempt of Court
75. ANDHRA HIGH COURT : Dated 15 November, 1995
Maintenance to illegitimate Child
76. CENTRAL INFORMATION COMMISSION
RTI – Husband can get Wife PF details
77. ANDHRA HIGH COURT : Dated 31 March, 1989
Maintenance arrears for 1 year only !
78. SUPREME COURT OF INDIA : Dated 6 December, 2005
Fine for forcibly taking away Child
79. MADRAS HIGH COURT : Dated 28 February, 2007
Family Court Jurisdiction
80. SUPREME COURT OF INDIA : Dated 2 March 2000
Wife is not entitled to maintenance who has deserted her husband,
81. SUPREME COURT OF INDIA : Dated 03 December 2009
No Maintenance If Wife Lies
82. SUPREME COURT OF INDIA : Dated 28 April 2009
Take EMI Into Consideration in Maintenance
83. HIGH COURT OF STATE OF PUNJAB AND HARYANA AT CHANDIGARH : Dated 13 March 2009
No alimony to Women who desert her husband
84. SUPREME COURT OF INDIA : Dated 23 February, 2009
Interim maintenance increase illegal as no income proof produced
85. SUPREME COURT OF INDIA : Dated 20 July, 2010
Interim maintenance amount should be based on status of both part
86. CHATTISGARAH HIGH COURT : Dated 15 February, 2004
No maintenance for a deserting wife
87. RAJASTHAN HIGH COURT: Dated 22 January, 1999
No maintenance for a deserting wife
88. BOMBAY HIGH COURT : Dated 26 February, 2010
Interim maintenance cannot be increased based on husband's salary hike.
89. GUJARAT HIGH COURT : Dated 9 February, 2011
Children has to maintain parents.
90. SUPREME COURT OF INDIA : Dated 20 July 2011
Meaning of unable to maintain
91. SUPREME COURT OF INDIA : Dated 27 November 2007
Unable to maintain herself in Maintenance
92. DISTRICT & SESSION JUDGE DELHI : Dated 28th August 2010
Landmark Judgement for DV Case
93. CHENNAI HIGH COURT : Dated 26th August 2010
Perjury Case
94. ALLAHABAD HIGH COURT : Dated 19 January, 2010
Wife fined 10,000/- in Perjury case but Husband fighting for further action!!
95. DELHI HIGH COURT : Dated 18 August, 2010
Every allegations do not justify initiation of prosecution under 340 CRPC
96. KARNATAKA HIGH COURT : Dated 15 March, 2001
Petition under CrPC 340 must be decided only at the end
97. ALLAHABAD HIGH COURT : Dated 09 January 2003
Perjury application must be decided first before proceeding with the case
98. SUPREME COURT OF INDIA : Dated 14 November, 1994
No one should indulge in immoral acts like perjury, prevarication and motivated falsehoods : 2 weeks Jail
99. GUJARAT HIGH COURT : Dated 18 August, 2010
Petitioner agreed for perjury – Gujrat HC told to deposit 25K as probable fine
100. SUPREME COURT OF INDIA : Dated 1 December, 2010
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