Landmark judgments related to maintenance to earning wife
Sanjay S/O Mahadeo Kelo Vs. Vidya W/O Sanjay Kelo
2006(4) ALLMR 265; 2006(6) BomCR 398; 2006(4) MhLj 805
..... by the counsel for the applicant.8. in the instant case, it is not in dispute that the suit filed by the non-applicant-wife formaintenance against the applicant-husband was compromised and compromise decree was passed by the trial court on 20-7-1997. it is also not in ..... her reasonable wants. it is, therefore, evident that after determining the amount of maintenance if the decree is passed accordingly or by agreement ..... (2) of section 23 of the act, which provides for relevant factors to be considered by the court while determining the amount of maintenance required to be granted to a wife, children or aged or infirm parents under this act. these factors are as follows : (a) the position and status of the ..... source;(e) the number of persons entitled to maintenance under this act.it is, therefore, evident that one of the consideration to be kept in mind by the court while determining the amount of maintenance to a wife is the earning/income, if any, of the wife and whether it is sufficient or otherwise to fulfil ..... of the parties the amount of maintenance is fixed, however, at .....
Haridas Vs. Girija
.... well. so all these things will go to show that, he is having the capacity to earn and pay maintenance to the wife, and in spite of that, he is not paying any amount. merely because he had filed an application for maintenance against the son which is r.p. (f.c.) no.482 of 2014 8 under ..... .no.24/2014 on the file of the family court, ottapalam, is the revision petitioner herein.2. the petition for maintenance was filed by the respondent herein, who is none other than the wife of the petitioner. it is alleged in the petition that, the marriage between the revision petitioner and the respondent was solemnized ..... the capacity to pay the maintenance. so the courts below were perfectly justified in holding that the respondent is not having any income ..... the consideration is not a ground to deny maintenance to the wife, if on the basis of evidence, if it is proved that, he is having ..... further he had taken life insurance polices in the name of the petitioner, that shows that he was affectionate towards the wife. he has no income of his own and he had filed an application for maintenance against the son and that is pending. so under the circumstances, the court below was not justified in allowing .....
Smt. Shehnaz Arvind Mudbhatkal Vs. Dr. Arvind Ramkrishna Mudbhatkal
..... aforesaid findings, we are inclined to observe that in the year 2005, when the learned judge was required to decide the quantum of permanent maintenance, the wife was earning a sum of rs.45,000/- per month and she had received a sum of rs.11 lakhs as and by way of back wages ..... she further submitted that the learned judge of the family court has considered the earning capacity of wife as well as husband and has rightly rejected the prayer of wife for maintenance. 32. so far as the grievance made by the wife in the appeal memo as regards the maturity proceeds of nri bonds, the ..... , which are appearing in paragraph 38 of the impugned judgment. learned advocate for the husband submitted that wife is earning sufficient amount to maintain herself and, therefore, there is no need to grant maintenance to the wife. it was also pointed out to the court that at the time of filing of the petition, ..... was @ rs.9,000/- per month. learned advocate ms. karnik submitted that thewife is earning amount which is sufficient to maintain herself and that there is no need to pass an order directing the husband to pay her maintenance. learned advocate for the husband, submitted that at the stage of recording of evidence ..... learned judge of the family court has for reasons mentioned in the judgment and order observed that the wife is sufficientlyearning and as such she is not entitled to any maintenance. 19. so far as issue no.4 by which an injunction was sought against the husband in terms of prayer clause .....
Suryakant Alias Suresh Laxmishanker Vs. Indumati Vithaldas Daiya
(1973)14GLR169
..... open the floodgates of speculative suggestion by the husband which the section does not permit. if the existing income is the criterion for determining the right of the wife to maintenance, her potential capacity to earn either at the very time or at some future date, will have to be simultaneously examined. if that way the matter is not examined, it would lead ..... means of the husband to maintain her, including the ability or capacity of the husband. the income or the ability or capacity of the wife to earn and provide maintenance to herself is an irrelevant consideration. the income of the wife from any other source would not be a relevant consideration at all.11. now, assuming that i am not right in my conclusion ..... teacher, or if she is further qualified a clerical job or even if not at all qualified even as maid servant. now, if such a wife was to earn rs. 20/- per month she would be disentitled to maintenance forthwith. such was never the intention of the legislature in enacting section 488.12. once it is held that the only relevant considerations, while ..... . therefore, examining the case from any angle, no case is made out for interfering with the quantum of maintenance awarded to the discarded wife. unless, therefore, the court comes to this conclusion that discarded wife is earning rs. 250/- per month and as her husband is earning only rs. 330/- per month, and is not only having an obligation to maintain his companion and his .....
Gaurav Gupta Vs. Radhika Gupta
..... rent for the tenanted premises. the child was growing up and studying in senior school but according to the wife, child's education was being hampered due to insufficient funds. the hon'ble supreme court held that having regard to appellant'swife earning, maintenance awarded by high court need not be enhanced, bur considering the facts that the child being daughter of a ..... gaurav to hide his real income by asserting that his yearly income is only rs.13,25,525/-. it is sufficiently proved that gaurav has financial capacity to pay maintenance to his wife radhika and his minor daughters. 37. expression ??any proceedings ? referred to in section 24 of the act cannot be restricted only to the proceedings under the act but should ..... deal with the submissions advanced by the counsel for the parties on the earning capacity of the husband in extenso and accepting the husband's statement that he was getting rs.30,000/- per month, fixed an amount of rs.12,000/- per month as interim maintenance to the wife. considering the qualification, experience and other factors with regard to the husband, the ..... highly placed officer, exorbitant fee structure in good schools and cost of living, respondent-husband is liable to pay rs.5,000/- per month to appellant-wife for maintenance of the child with effect from 01 .....
indu Dhari Singh Vs. Dr. Rita Singh and anr.
..... husband's average income. however, in the case of smt. sheh prabha v. ravinder kumar, 1995 sc 2170. which was under section 20 of the hindu adoption and maintenance act, though the wife was earning handsome salary and more than the husband, as because the two daughters were living with their mother, the apex court directed the husband to pay rs. 4000/- per ..... and expenses of proceedings by the husband to the wife. section 24 adopts those principles and goes one radical step further when ..... under the act and to provide for her maintenance and support pending the disposal of such proceeding. it is also recognised that when the wife has separate means sufficient for her defence and subsistence she should not be entitled to alimony nor costs during the proceeding; and if the husband has neither property nor earning capacity the court would not award any ..... interim alimony. on these principles that the law relating to matrimonial causes provides for rules for payment of maintenance pendete lite .....
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