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 clarifies that maintenance under Section 125 CrPC may not be reduced solely on grounds of adultery or voluntary desertion without considering financial capacity and needs.
Chhattisgarh High Court clarifies that maintenance under Section 125 CrPC requires proof of cruelty or unjustified desertion, not mere allegations of extramarital affairs.
Chhattisgarh High Court upholds maintenance order under Section 125 CrPC, emphasizing holistic assessment of financial capacity, dependent obligations, and wife's needs.
Chhattisgarh High Court clarifies that voluntary separation without just cause disentitles wife from maintenance under Section 125 CrPC, emphasizing evidence-based income assessment.
Chhattisgarh High Court rules that maintenance under Section 125 CrPC cannot be granted if wife lives separately without sufficient cause, emphasizing statutory compliance.
Chhattisgarh High Court holds that a maintenance order under Section 125 CrPC remains enforceable even after private settlement unless formally set aside by court.
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 holds that DNA testing may be ordered in Section 125 CrPC proceedings when bona fide dispute over paternity exists, despite statutory presumption of legitimacy.
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.