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Delhi HC held that the defendant-wife could reside in the suit property under Section 39 TPA, noting that a Mohammedan will bequeathing over one-third share needs heir consent and an unregistered surrender declaration is void. This clarifies spousal residence rights in property disputes.
Bombay High Court reaffirms that a husband’s willful non-participation in maintenance proceedings under Section 125 CrPC cannot defeat the wife’s entitlement to support. The ruling underscores that ex parte orders remain valid when evidence substantiates the wife’s claim, reinforcing the provision’s social welfare objective.
The Madhya Pradesh High Court has ruled that unsubstantiated claims of adultery cannot override a wife’s statutory right to interim maintenance under Section 125 CrPC. The judgment reinforces that financial support during pendency is a procedural safeguard, not contingent on unproven moral allegations - protecting vulnerable spouses from weaponized accusations in maintenance proceedings.
The Chhattisgarh High Court has ruled that a wife’s separation from her husband, even if unilaterally initiated and without proven cruelty or misconduct, does not extinguish her statutory right to interim maintenance under BNSS Section 144. This reinforces that economic vulnerability and lack of independent income, not marital fault, are the decisive factors in granting maintenance - a critical safeguard for financially dependent spouses in pending proceedings.
Chhattisgarh High Court rules that a minor child's right to maintenance under Section 125 CrPC cannot be waived by parental settlement agreements, even when the child is born out of wedlock.