Maintenance cases in Favour of Husband – 11 Cases PDF

Maintenance cases in Favour of Husband List of Cases

Maintenance is defined as “support or subsistence.” There is no idea of “maintenance” in any religious community’s marital regulations. The right to request maintenance, on the other hand, is based on the notion that the claimant does not have the resources to maintain themselves. ‘Maintenance’ often covers the costs of necessities or necessities for daily living. However, the court will examine not just the claimant’s right to survival, but also the husband or wife’s ability to work, their behaviour, and other factors when determining how much maintenance should be awarded.

Advocate of Supreme Court Delhi
Advocate of Supreme Court Delhi

Important case in Maintenance cases in Favour of Husband

Maintenance cases in Favour of Husband
Maintenance cases in Favour of Husband

Amit Kumar Kachhap vs Sangeeta Toppo

Wife Residing Away From Husband Without Any Reasonable Cause Not Entitled To Maintenance: Jharkhand High Court

The Court noted that her decision to distance herself from her husband stemmed from allegations of his extramarital affair and his filing of legal cases against her, including one for theft, where she secured anticipatory bail.

Additionally, the Court noted that there were no instances of pregnancy or abortion during their union, and she left her jewelry behind in the matrimonial home.

Based on these observations, the Court concluded that the wife’s separation from her husband lacked reasonable justification. Consequently, under Section 125(4) of the Code of Criminal Procedure, 1973, she was deemed ineligible for maintenance.

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(1) Govind Singh v. Smt. Vidya (1999): Maintenance cases in Favour of Husband

The Rajasthan High Court heard a case in which it was established that Govind Singh, the petitioner, had rendered himself incompetent by refusing to drive the contractual auto-rickshaw. According to a well-established Anglo-Saxon legal precept, no one should be allowed to become unable. This is still true in the case of a working husband. The Court stated that someone who purposefully rendered oneself incapable of earning would be ineligible to seek maintenance from the other spouse. As a result, the case emphasises the significance of maintenance decisions that favour spouses.

(2) Shiv Kumar Yadav v. Smt. Santoshi Yadav (2004): Maintenance cases in Favour of Husband

In this instance, the court expressly declares that maintenance cannot be paid if the wife refuses to return to the marital home and continues to live separately without a solid reason. The order was overturned by the Additional Sessions Judge, but the High Court of Chattisgarh determined in the revision petition that the Judicial Magistrate’s decision was correct because Shiv Kumar, the petitioner, provided evidence that his wife, the respondent, had stopped claiming to be entitled to maintenance because she was living separately for no good reason. As a result, in this case, because it has been proved that the wife wishes to live independently, the respondent is not required to provide maintenance.

(3)Smt. Mamta Jaiswal Vs Rajesh Jaiswal(2004): Maintenance cases in Favour of Husband

The court ruled in this case, “No maintenance for a capable, employed wife” in favour of the husband. Everyone must work to support himself, or at the very least make honest efforts to do so. If this criterion is not followed and this mentality is not adopted, there will be a growing tendency among these litigants to prolong their conflicts and exploit the fact that their opponent is a spouse—someone who was formerly near to them but is now far away—after a dispute has formed.

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(4)Lalit Mohan v. Tripta Devi (1988): Maintenance cases in Favour of Husband

The Jammu and Kashmir High Court stated that the husband did not have a separate source of income and that Sections 30 and 31 of the 1955 Act allowed the respondent-wife to support the husband. The court determined that the petitioner was entitled to maintenance pendente lite, expenditures of the procedures, and permanent alimony and maintenance based on the respondent’s income and revenue from other properties, the petitioner’s earning capacity, and the parties’ behaviour. The respondent-wife was ordered to pay the petitioner, the husband, Rs. 100 per month in maintenance pendente lite and permanent alimony from the date of the application until his death or remarriage, whichever comes first, based on the facts and circumstances of the case.

(5)Smt Kanchan v. Kamalendra (1992): Maintenance cases in Favour of Husband

In this landmark case, the court established that my spouse was in good mental and physical health. He had a problem with a certain corporation, but he saw no harm in earning the bare minimum to maintain his family. As a result, it could not be assumed that he had no source of income simply because his firm had failed, and the court strongly observed the case in favour of the verdict.

(6)Yashpal Singh Thakur v. Smt Anjana Rajput (2001): Maintenance cases in Favour of Husband

In the case of the spouse (Yashpal Singh Thakur), Madhya Pradesh High Court stated that, Unmistakably, it was obvious that the petitioner had chosen to lead a sedentary lifestyle and had made no attempt to earn the money he was capable of earning. Section 24 of the Hindu Marriage Act of 1955 prohibits him from bringing a claim if he becomes incapacitated. As previously said, this would contravene the very intent of the law, and the court observed the case in favour of the spouse about maintenance.

(7) Alok Kumar Jain v. Purnima Jain (2007): Maintenance cases in Favour of Husband

In this landmark decision, the court determined that the wife had enough money to support her expenses and continue her lifestyle. The learned judge ordered the husband to pay the wife 20,000 rupees per month in maintenance without requiring the wife to explain the investment she made with those 56 lakh rupees. This finding indicates that the husband is no longer required to pay maintenance.

Maintenance cases in Favour of Husband
Maintenance cases in Favour of Husband

(8) Rani Sethi v. Sunil Sethi (2011): Maintenance cases in Favour of Husband

According to the Delhi High Court, Section 24 of the Hindu Marriage Act, 1955 is intended to offer a fair sum of money to the wife or husband who lacks an appropriate source of income to finance their support or the costs of the proceedings, striking an equitable balance between the parties. Subsequent court proceedings revealed that the husband was so entitled to the necessary support from his wife.

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(9) Hemlataben v. State (2010):Maintenance cases in Favour of Husband

The court declared unequivocally that the petitioner received no maintenance because she worked in a factory and was able to sustain herself with her monthly wage of 2500/- rupees. Pursuant to the PWDV Act, the wife requested support from the learned Magistrate, who granted her request. The husband filed an appeal, and the Additional Sessions Judge overturned the Magistrate’s judgement. And the court found in favour of the husband.

(10)Kumaresan v. Aswathi (2002):Maintenance cases in Favour of Husband

In the Madras High Court case The court adopted this interpretation of Section 24 of the Hindu Marriage Act of 1955, which states that the only requirement for providing support pendente lite is that the person in issue does not have a considerable independent source of income. If it is ruled that the petitioner has a sufficient income, they will not be granted support pendente lite.

As a result, evaluating key and well-known landmark decisions aided in defining the conditions for interpreting the maintenance clause under The Indian legal system stipulates the amount of maintenance that must be provided to the spouse, either the husband or the wife, based on the facts of the case. Personal laws provide the standards for maintenance once a marriage ends.

Advocate of Supreme Court Delhi
Advocate of Supreme Court Delhi

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