Topic
MP High Court rules that maintenance under Section 144 BNSS cannot be mechanically capped at 25% of gross salary if the husband's disposable income-after accounting for liabilities-is lower. The court directed a recalculation based on actual take-home pay, setting a precedent for income-adjusted spousal support awards.
Madhya Pradesh High Court reaffirms that revisional jurisdiction under PWDVA is narrowly confined to cases of manifest excessiveness. The Rs. 25,000 interim maintenance awarded to a software engineer wife and minor child was upheld, emphasizing the husband’s capacity to pay despite his relocation to the US. The ruling underscores that interim relief under Section 23(1) of PWDVA is not subject to re-evaluation on merits in revision petitions.
The Madhya Pradesh High Court ruled that maintenance under Section 125 CrPC must be calculated based on the husband's net income after reasonable deductions, not gross salary. The court fixed Rs. 25,000/month for the wife, emphasizing her right to support despite allegations, while rejecting exaggerated demands.
Madhya Pradesh High Court clarifies that revision against interim maintenance orders is restricted to jurisdictional errors, not factual reappreciation. Key precedent from Malkeet Singh Gill reaffirmed.