Maintenance For Wife & Children

All the “Pari Materia” provisions on this issues are is a measure of social justice, specially enacted to protect women and children and falls within the constitutional sweep of Article-15(3), which was further reinforced by Art-39 of the Constitution. We have multiple legislations dealing with this subject. The Code of Criminal Procedure, 1973 has the provision for maintenance for the wife, children and other dependents through the Court of law. These provisions of law are available for any Indian National, be it Hindu, Muslim or Christian. Likewise, the Hindu Marriage Act, 1955, the Protection of Women from Domestic Violence Act, 2005 (DV Act), the Hindu Adoptions and Maintenance Act, 1956 and the Muslim Women (Protection of Rights on Divorce) Act, 1986 also have the provisions for maintenance for wife & child in India. 

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Courts & Fora- Civil & Criminal: Maintenance For Wife, Children & Parents

[In Hierarchical Order]

  • Supreme Court Of India
  • High Courts Of Various States
  • District & Session Judges [D&SJ]
  • Family Courts
  • Metropolitan Magistrates/ Civil Judges
  • Senior Civil Judges 
  • Civil Judges
  • Mediators & Concilliators.

Other Related Fora

Legislations Governing The Maintenance For Wife, Children & Parents In India

Judgments: Maintenance For Wife, Children & Parents: Under Various Provisions of Law 

Judgments & Citation: S-125 Cr.P.C.

  • Chaturbhuj Vs. Sita Bai, Criminal Appeal No. 1627 Of 2007, Date Of Judgment: 27/11/2007, Bench-Dr. Arijit Pasayat & Aftab Alam, Supreme Court Of India-Citation-(2008) 2 Supreme Court Cases 316= 2008 AIR 530= 2007(12 )SCR 577=  2007(13)SCALE 402=2008(1) JT 78 [Full PDF Judgment]
  • Kamlesh Kumari Vs. State of Uttar Pradesh– Criminal Appeal No. 740/2015, Judgment Dated- 01.05.2015, Bench- Dipak Misra, J.: Prafulla C. Pant, J.Citation- 2015(6) SCALE 77.
  • Shakil Ahmad Jalaluddin Shaikh Versus Vahida Shakil Shaikh & Anr., Criminal Writ Petition No. 2201 OF 2007, Judgment Dated: 20.01.2016, Bench: M. S. SONAK, J., Bombay High Court [Full PDF Judgment]- S-125 Cr.P.C- Legality & Validity of Tripple Talaq.
  • Shamima Farooqui Vs. Shahid Khan, CRIMINAL APPEAL NOS.564-565 OF 2015, Arising out of SLP (Crl.) Nos. 6380-6381 of 2014, decided on 06.04.2015, by Dipak Mishra & Prafulla C Pant, JJ. [Full PDF Judgment]- Wife’s right to receive maintenance under Section-125 Code of Criminal Procedure, 1973, is an absolute right, irrespective of religion.
  • Sunita Kachwaha & Ors. Vs. Anil Kachwaha, Criminal Appeal No. 2310 of 2014 arising out of SLP (CRL.) No. 2659/2012, Order Dated: October 28, 2014, Bench: T S Thakur & R. Banumathi, JJ.
  • Shiva Kr. Pradhan Versus Meena Rawat & Anr., RP (Family Court) No.03/2015, Judgment Dated-01.12.10215, Bench: Sunil Kumar Sinha, CJ., Sikkim High Court- Petition under Section 19 (4) of the Family Court Act, 1984- A Major Son not entitled to get maintenance from father [Full PDF Judgment].

Judgments: Domestic Violence Act [D V Act]

  • Abdulrahim Abdulmiya Pirzada & 1 Other Versus State Of Gujarat & 2 Others, Special Criminal Application (Quashing) No. 3993 of 2014,  Judgment Dated: 21.01.2016, Bench: J.B.Pardiwala, JJ, Gujrat High Court[Full PDF Judgment]-Issue, maintenance rights of the wife against her in-laws- Held, “From the principles enunciated in the above referred decisions, it is apparent that any right which the wife has during the subsistence of her marriage and during the lifetime of her husband is against the husband and she has no right to claim any relief against the father-in-law or sister-in-law or any of the relatives of her husband inasmuch as the obligation to maintain her lies only on her husband. The complaint in question, therefore, appears to have been filed with the malafide intention to wreak vengeance for the purpose of settling personal scores and would fall within the ambit of Illustration (7) of the Illustrations delineated by the Supreme Court in the celebrated case of State of Haryana and others v. Bhajan Lal and others, AIR 1992 SC 604, viz. that the proceeding is manifestly attended with malafide and/or where the proceeding is maliciously instituted with an ulterior motive for wreaking vengeance on the accused and with a view to spite him due to private and personal grudge. For the aforesaid reasons, this application is allowed. The impugned order is hereby ordered to be quashed so far as the applicants are concerned. “.
  • Krishna Bhatacharjee Versus Sarathi Choudhury And Anr, Criminal Appeal No. 1545 Of 2015 (@ SLP(Crl) No. 10223 Of 2014), Judgment Dated 20.11.2015,  Dipak Misra, J & Prafulla C Panta, J, Supreme Court Of India- Judicially separated wife is an “aggrieved person” under section 2(a) of the DV Act, 2005 Act [Full PDF Judgment].
  • S.R. Batra and Anr. Vs. Tarun Batra, Appeal (Civil)  5837 of 2006, Judgment dated: 15.06.2006, S.B. Sinha & Markandey Katju, JJ, Supreme Court of India- Shared Household, as defined under section-2(s) of D V Act- In laws’ property not covered under Shared Household [Full PDF Judgment]     
  • Sudha Mishra Vs. Surya Chandra Mishra, RFA No.299 of 2014, Order Dated: 25.07.2014, passed by A K Pathak,J, Delhi High Court- Shared Household U/S-2(s) of D V Act [Full PDF Judgment].
  • Sudha Mishra Vs. Surya Chandra Mishra, Special Leave Appeal No. 23519 of 2014, Order dated: 25.02.2015, passed by Madan B Lokur & Uday Umesh Lalit,JJ, Supreme Court Of India- Shared Household U/S-2(s) of D V Act [Full PDF Judgment]. 
  • Suo Motu Versus Ushaben Kishorbhai Mistry, Criminal Reference No. 6 Of 2015 In Special Criminal Application No. 5313 Of 2015, Judgment Dated- 27.11.2015, Bench- Jayant Patel, ACJ, N.V.Anjaria, J. Gujrat High Court- S-482 Cr.P.C. can be invoked by High Courts for quashing a DV Act Complaint Case before the Magistrate [Full PDF Judgment]. 

Judgments & Citation On Maintenance For Wife & Children: U/S-24 Of The Hindu Marriage Act, 1955

  • Seema Vs. Alkesh Chaudhary, C.M. Nos. 2284/2006 and 13056/2012 in Mat. App. 19/2004(11/03/2014), 2014(208) DLT 566: 2014(2) RLR 1: 2014(6) AD(Delhi) 683 [Manmohan Singh, J.]

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