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Maintenance/Alimony: Sr. No. Title Citation Question Involved Held Shailja & Anr. Vs Khobbanna
Maintenance/Alimony: Sr. No. Title Citation Question Involved Held Shailja & Anr. Vs Khobbanna
14 Bajirao 1980 CriLJ 473 Maintenance – Section “Whether the second wife
Raghoba (BOM) 125 of Criminal whose marriage is void in
Tambre Procedure Code, 1973, view of the provisions of
Vs Section 5, 11, 17, 25 Sections 5 and 11 of the
Tolanbai and 25 (1) of Hindu Hindu Marriage Act, 1855 (
(Miss) D/o Marriage Act, 1955, Act No.25 of 1955) is entitled
Bhagwan Section 488 of Criminal to apply for maintenance
Toge and Anr. Procedure Code, 1898, under Section 125 of the code
Section 20 (3) of Hindu of Criminal Procedure”.
Adoption and Held – unless and until the
Maintenance Act of complainant (respondent
1956, Section 495 and No.1 herein) proves that she
496 of Indian Penal is the legally wedded wife of
Code, 1860. the petitioner, the Magistrate
will have no jurisdiction to
pass an order of maintenance
in her favour.
15 Nalini Prava 2003 (1) DMC Maintenance under Permanent alimony and
Behera and 544, Hindu Marriage Act, maintenance.
Ors (ORISSA) 1955, Section 25 and Quantum of amount to be
Vs 27. determined.
Akshaya While deciding amount social
Kumar status, economic condition
Behera and standard of living of
parties has to be kept in
mind.
To make provision for
education of children and
marriage of female child,
amount of permanent
alimony enhanced to
Rs.4,50,000/-. Further
directions issued
Appeal disposed of
accordingly.
16 Binod Biswal 2002(7) SLR Dissolution of Petition of wife for
Vs 107; marriage and return of dissolution of marriage by
Smt.Tikli @ (2002) DMC properties under decree of divorce and for
Padmini 446, 2002 Hindu Marriage Act, permanent alimony.
Biswal (Orissa) 1955, Sections 13(1) Family court granted decree
(i)(a) and 27. or divorce and awarded
permanent alimony of
Rs.400/- p.m for herself and
child.
Relationship between
spouses became so strained
making it impossible to live
together.
Wife getting meager salary as
an Anganbadi worker.
Finding of Family Court
upheld.
17 Sunita Singh 1999(3) RCR Maintenance under Maintenance
Vs (Civil)66 Hindu Marriage Act, Litigation expenses
Raj Bahadur (All) 1955, Sections 25 and Wife not entitled to
Singh & anr. 27. permanent alimony as she
had illicit relations with a
person and there is
prohibition Under Section
25(3) of Act.
Appellant not entitled to
litigation expenses or any
maintenance.
18 Patel AIR 1968 Section 25 of the Hindu Sec. 25 of the Hindu Marriage
Dharamshi Gujarat 150 Marriage Act Act, 1955.
Premji Application for permanent
Vs alimony u/ 25 is
Bai Sakar maintainable even after
Kanji decree of divorce.
U/s 25 permanent alimony
can be granted even to erring
spouse.
In fixing the amount of
permanent alimony the lower
appellate court was not
entitled to take into
consideration the amount of
maintenance which would be
necessary for the purpose of
meeting the needs and
requirements of the son and
in doing so the lower
appellate court clearly took
into account an extraneous or
irrelevant factor.
This is no to say that the
respondent would not be
entitled to claim maintenance
for the minor son from the
appellant but the needs and
requirements for the son
could not be taken into
account in determining what
should be the amount of
permanent alimony to be
awarded to the respondent.