Bombay High Court holds that dismissal of maintenance petition for non-service of summons cannot override prima facie evidence of marriage, especially when petitioner seeks restoration same day.
Bombay High Court holds that a wife may pursue maintenance under both Section 125 CrPC and the DV Act simultaneously, provided prior proceedings are disclosed.
Chhattisgarh High Court holds that maintenance under Section 125 CrPC requires proof of reasonable cause for separation; vague allegations insufficient to sustain claim.
Chhattisgarh High Court holds that maintenance enhancement under Section 127 CrPC requires concrete evidence of changed circumstances, not mere presumptions about cost of living or earning capacity.
Bombay High Court holds that rising cost of living and increased income justify maintenance enhancement under Section 127 Cr.P.C., even if the child is now an adult and living separately.
Bombay High Court holds that compensation under D.V. Act cannot be awarded without reasoned justification, even if maintenance is upheld. Clarifies evidentiary standards for financial relief.
Chhattisgarh High Court holds that delay in filing maintenance petition and prior property division do not disentitle a wife to relief under Section 125 CrPC.
Chhattisgarh High Court upholds maintenance order under Section 125 Cr.P.C., emphasizing need for proof of wife's inability to maintain herself and husband's sufficient means.
Chhattisgarh High Court holds that a wife's brief stay in matrimonial home does not automatically disqualify her from maintenance under Section 125 CrPC if she lacks means to support herself.
Chhattisgarh High Court upholds maintenance order under Section 125 CrPC, emphasizing that wife's right to maintenance is not negated by her income or marital disputes unless she is voluntarily destitute.
Bombay High Court holds that temporary residence with family members permits filing maintenance petitions under Section 125 CrPC, rejecting strict territorial requirements.
Chhattisgarh High Court upholds maintenance under Section 125 CrPC despite absence of formal marriage proof, emphasizing cohabitation, dependency, and conduct as decisive factors.
Chhattisgarh High Court holds that denial of maintenance under Section 125 CrPC requires clear, convincing evidence of adultery; mere suspicion or stray photographs insufficient.
Chhattisgarh High Court upholds maintenance award to wife despite husband's claimed financial constraints, affirming that destitution and lack of income outweigh personal liabilities.
Bombay High Court upholds maintenance award under Section 125 CrPC where wife, though qualified, has no independent income and child is in her custody.