Important Judgments in matrimonial disputes

Share this at:

Roopenshu Pratap Singh, a supreme court lawyer conducted workshop on how to fight legal case. He provided various judgments and significance of each judgement in the past. We could use citations in our cases as per the scenario. These judgments are very useful for any decisions.

Below are major judgments are very useful to explore

Maintenance related

1. No maintenance to well qualified and capable wife

Smt. Mamta Jaiswal vs Rajesh Jaiswal on 24 March, 2000

Judgement: https://indiankanoon.org/doc/1728023/

2. Wife couldn’t prove Domestic Violence

Sanjay Sudhakar Bhosale vs Khristina W/O Sanjay Bhosale on 8 April, 2008,

Bombay High court

Judgement: https://indiankanoon.org/doc/694295/

3. Standard of living of husband is much higher

Amit Khanna vs Priyanka Khanna & Ors. on 1 September, 2010

https://indiankanoon.org/doc/45082345/

4. No maintenance for arrogant wife

Deb Narayan Halder vs Smt. Anushree Halder on 26 August, 2003

Supreme Court of India

https://indiankanoon.org/doc/1017614/

5. Wife is getting separate income

Bhagwan Dutt vs Kamla Devi And Anr on 17 October, 1974

Supreme Court of India

https://indiankanoon.org/doc/138019/

6. Wife can’t file for multiple maintenance through multiple laws

Gomaji vs Smt. Yashoda And Anr. on 13 September, 1995

https://indiankanoon.org/doc/861545/

7. Husband’s parent’s property can’t be counted

Smt. Sushila Devi vs Shri Joginder Kumar on 2 July, 2010

https://indiankanoon.org/doc/58872859/

8. Wife is working and has child. Both are bound to contribute for child

Padmja Sharma vs Ratan Lal Sharma on 28 March, 2000

Appeal (civil) 2462 of 1999

https://indiankanoon.org/doc/1810824/

9. Wife mentioned husband earns more than what is actual

Kusum Sharma vs Mahinder Kumar Sharma on 29 May, 2017

https://indiankanoon.org/doc/58870586/

10. Well qualified and highly qualified wife should work for maintenance(Very good Judgement)

Delhi High Court in CM (M) 1153/2008 titled as Kavita Prasad Vs. Ram Ashray Prasad

https://www.kaanoon.com/76598/alimony-for-well-qualified-woman

http://saveyouself-doublestandard.blogspot.com/2015/03/judgemetns.html

This is one of the famous judgements and very good to read.

“The petitioner who is an MBBS qualified Doctor and admittedly had been in practice before, claims that she was sitting at home despite being a qualified Doctor and does not work. The petitioner claimed maintenance against her husband who is in service. The Trial Court granted maintenance of Rs.4,000/- per month. This petition is made against observation of the Trial Court that she was working somewhere and earning around Rs.8,000 to 10,000/- PM and that the maintenance granted by the Trial Court was made subject to adjustment of the maintenance being received by her under Section 125.

Since counsel for the petitioner states that petitioner is not working anywhere, despite being a qualified Doctor, I consider that as she is receiving maintenance from husband, the Court should not allow her experience and qualification to go waste. I consider that she should be directed to work as a honorary Doctor in some public welfare institute or school free of charges where she can take care of health of the poor people. Let her come to Court and give an undertaking that she was prepared to work without charging anything in any institution named by this Court around her house minimum 5 hours a day and 6 days a week, so long she receives maintenance from her husband on the plea of being unemployed.“

11. Vikas Jain vs Smt. Deepali @ Ayushi Jain

Uttarakhand High court, (CR) 88/2002

https://www.shoneekapoor.com/vikas-jain-vs-smt-deepali-ayushi-jain/

12. Wife is working. So, No maintenance to her

MANISH KUMAR vs Mrs. Pratibha, 18-Sept-2008

http://www.the-laws.com/Encyclopedia/Browse/Case?CaseId=108002237200

https://www.shoneekapoor.com/manish-kumar-vs-mrs-pratibha/

13. Maintenance to wife and no maintenance. maintenance allowance cannot be granted to every wife who is neglected by her husband

Manmohan Singh vs Smt. Mahindra Kaur on 25 March, 1976

https://indiankanoon.org/doc/1461900/

14. Madras High court: Wife is living separately and asking for maintenance, while she deserted

Manokaran @ Ramamoorthy vs M. Devaki on 21 February, 2003