#Maintenance

The Delhi High Court upheld an adverse inference against a husband who failed to file his income affidavit despite six opportunities over 14 months, affirming Rs.20,000 monthly interim maintenance. It also refused to condone a 222-day delay in filing the revision, as the petitioner's ignorance claim was contradicted by his counsel's recorded presence at the hearing.

The Gujarat High Court ruled that voluntary PF/ESPP deductions cannot be deducted from gross salary for Section 125 maintenance, as they are the husband's assets, not mandatory charges. Applying the Supreme Court's Harpreet Sawhney precedent, it quashed a net-salary-based order and remanded for fresh computation on gross income, safeguarding the wife's maintenance entitlement.

The Rajasthan High Court ruled that the twelve-month limitation for recovering maintenance arrears under Section 125(3) CrPC begins from the date of the maintenance order, not from when each arrear accrued. This allows claimants to recover arrears for up to a year preceding the order, even if the arrears span a longer period, benefiting maintenance seekers and defining the liability of payers.

The Calcutta High Court quashed lower maintenance orders, ruling that any award under the PWDV Act must be grounded in sworn affidavits of both parties’ assets and liabilities. The decision forces litigants in domestic violence cases to furnish full financial disclosures before maintenance can be granted, impacting spouses and children seeking support.

The Calcutta High Court ruled that overlapping maintenance under the PWDV Act and Hindu Marriage Act must be set-off to prevent double recovery, and that PWDV welfare proceedings cannot be quashed for procedural lapses, protecting recipients and children’s interests.

Uttarakhand HC held that a substantive residence, even if temporary, satisfies territorial jurisdiction under Section 126(1) CrPC for Section 125 maintenance claims, overturning the Family Court, Nainital’s dismissal for lack of jurisdiction.

The Calcutta High Court held that suppression of material facts and lack of clean hands disentitle a wife to maintenance under Section 125 Cr.P.C, setting aside the denial and ordering a trial, thus upholding clean hands doctrine in maintenance cases.

The Calcutta HC affirmed a monthly maintenance of Rs. 3,000 for a major son with 70% disability, ruling that the father's obligation under Section 125(1)(c) CrPC does not cease on attaining majority. The decision reinforces the statutory right of disabled adult children to support, impacting families across West Bengal.

The Uttarakhand High Court upheld ₹20,000 monthly maintenance under Section 125 CrPC, ruling that a husband who failed to pursue a nullity suit is estopped from denying the marriage. It also held that oral testimony alone can establish the husband's income for maintenance purposes.

The Gauhati High Court held that a revision petition is maintainable against a Sessions Judge's interlocutory order rejecting condonation of delay in a Domestic Violence Act appeal. Condoning delays of 123 and 55 days attributed to change of counsel, the Court directed the appeal to be decided on merits, underscoring that beneficial legislation like the DV Act warrants a liberal approach to procedural technicalities to ensure substantive justice for victims.

Patna High Court affirmed the divorce on mental cruelty, upheld the decree and recalibrated the wife’s maintenance, granting permanent alimony that includes a parcel of land. The judgment stresses assessing the husband’s income and using cumulative evidence, guiding future cruelty-based divorce petitions.

The Uttarakhand High Court held that a husband who voluntarily assumed family responsibility must pay maintenance to a step-son, even without a biological relationship. It also increased monthly maintenance to ₹8,000 for the wife and ₹6,000 for the minor daughter. The ruling extends Section 125 CrPC protection to non-biological dependents.

The Supreme Court restored the Family Court’s interim maintenance of Rs 30,000 per month for each of the two minor daughters, overturning the High Court’s cut to Rs 15,000. It held that a wife’s professional earnings cannot be used to halve the husband’s liability under Section 125 CrPC.

The Calcutta High Court reinstated a monthly maintenance order, ruling that Section 125 CrPC proceedings are summary and do not demand civil proof of a valid marriage. This prevents destitute spouses from losing relief on technical grounds and clarifies the evidentiary burden in welfare cases.

The Madhya Pradesh High Court ruled that a compact-disc and transcript alleging the wife’s adultery can be used as secondary evidence and must be considered when deciding interim maintenance under Section 125 CrPC, overturning the Family Court’s order. This establishes that secretly captured electronic material is permissible evidence in maintenance disputes, affecting spouses seeking or contesting maintenance.