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2017(2) CIVIL COURT CASES 695 (S.C.)SUPREME COURT OF INDIAKURIAN JOSEPH & R.BANUMATHI, JJ.Civil Appeal No.4615 of 2017 (Arising out of SLP(C) No.7670 of 2014), D/30.03.2017.

Manish Jain Vs Akanksha Jain (i) Hindu Marriage Act, 1955, S.24 -- Maintenance pendente lite - Cannot be denied to wife on the ground that she is educated and could support herself - Likewise, financial position of wife's parents is also immaterial. (Para 15)  (ii) Hindu Marriage Act, 1955, S.24 -- Maintenance pendente lite - Provision does not use the word "maintenance" - But word "support" can be interpreted to mean providing maintenance pendente lite. (Para 14)  (iii) Hindu Marriage Act, 1955, S.24 -- Maintenance pendente lite - Order for maintenance pendente lite or for costs of proceedings is conditional on the circumstance that wife or husband who makes a claim for the same has no independent income sufficient for her or his support or to meet the necessary expenses of proceeding. (Para 15)  (iv) Hindu Marriage Act, 1955, S.24 -- Maintenance pendente lite - It is always dependent upon factual situation - Court should, therefore, mould the claim for mainten...

Maintenance Case Important Judgments

SOME MOST IMPORTANT JUDGMENTS RELATED TO 125 CR.P.C. 1. Reduced interim maintenance. (SC), Hbl J. R. M. Lodha, order on 20-07-2010, Appeal No. 5660 of 2010, Arising SLP (C) No. 6736 of 2007, Neeta Rakesh Jain Vs Rakesh Jeetmal Jain. Citation No. AIR 2010 SC 3540; (2010) 12 SCC 242; 2010 (7) JT I 76 (SC). 2. Wife is not entitled to maintenance who deserted her husband. (Supreme Court), Bench Hbl JJ. S. Ahmed & D. Wadhwa, order on 02-03-200, AIR 2000 SC 952, 2000(2) ALD Cri 15, 2000Cr. LJ 1498, Rohtash Singh Vs Smt. Ramendrei & Ors. Citation No. (2000) 3 SCC 180; JT 2000 (2) SC 553. 3. Maintenance not granted as it is proved that wife wants to reside separately. No maintenance to deserting wife. (HC Chhattisgarh), Hbl J., L. C. Bhadoo, order on 15 -02-2004, Crl. Revision No. 544/2003, Shiv Kumar Yadav Vs Santoshi Yadav. 4. Husband can get PF details of wife. (CIC, Delhi), Decision No. 1816/ IC (A) 2008, F No. CIC/MA/A/2007/00583, Prof M.M. Ansari, order on 10 Jan 2008. 5. Wife gu...