Alimony

Husband must look to earn more if maintenance to wife is unaffordable: HC

The court made this observation while hearing a petition by a husband challenging the Family Court's order to provide ₹24,700 maintenance for his wife and two children, reported LiveLaw

Woman leaving job for child care not voluntary desertion of work: Delhi HC

The Delhi High Court has held a woman leaving her job to take care of her child as a single parent wasn't voluntary desertion of work and she was entitled to alimony. Justice Swarana Kanta Sharma in an order on May 13 said the situation could be viewed as a consequence of the paramount duty to look after the child. The court, as a result, refused to set aside a trial court's order granting interim maintenance to a woman and her minor son. The husband challenged the trial court's October 2023 order asking him to pay a monthly maintenance of Rs 7,500 each to his estranged wife and child. The high court, however, directed the man to continue paying the same monthly sum to the woman and pay Rs 4,500 monthly towards his child. "It is well settled that the responsibility of caregiving to a minor child falls disproportionately upon the parent with custody, often limiting their ability to pursue full-time employment, especially in cases where there is no family support to take care of the

Yuzvendra Chahal and Dhanashree Verma now officially divorced. Details here

Indian cricketer Yuzvendra Chahal and influencer Dhanashree Verma have officially divorced. The court granted the settlement, finalising financial terms

Capable women shouldn't seek alimony, law doesn't promote idling: Delhi HC

The Delhi High Court has observed law doesn't promote idling and said qualified women with an earning capacity shouldn't claim interim maintenance from their husbands. Justice Chandra Dhari Singh on March 19 said Section 125 (order for maintenance of wives, children and parents) of the CrPC carried the legislative intent to maintain equality among the spouses and provide protection to the wives, children and parents, but didn't promote "idleness". The order, therefore, dismissed a woman's plea against a trial court order denying her interim maintenance from her estranged husband. "A well-educated wife, with experience in a suitable gainful job, ought not to remain idle solely to gain maintenance from her husband. Therefore, interim maintenance is being discouraged in the present case as this court can see potential in the petitioner to earn and make good of her education," Justice Singh said. The court, however, encouraged her to actively look for a job to become self-sufficient ..

SC rules alimony, maintenance valid for void marriages under Hindu law

The Supreme Court has ruled that permanent alimony and interim maintenance can be awarded under the Hindu Marriage Act, even if the marriage is declared void, based on case specifics

SC to hear on Jan 20 plea by Atul Subhash's mother for custody of his son

The Supreme Court is scheduled to hear on Monday a plea filed by the mother of Atul Subhash, a Bengaluru-based engineer who committed suicide in 2024 alleging harassment by wife, seeking his minor son's custody. A bench of Justices B V Nagarathna and Saish Chandra Sharma is likely to hear the plea by Anju Devi who has filed a habeas corpus petition, seeking the custody of her four-year-old grandson. On January 7, the top court had denied her the minor's custody saying she was "stranger to the child". Subhash, 34, who was found hanging at his house in Bengaluru's Munnekolalu on December 9 last year, purportedly left behind lengthy messages, blaming his wife and in-laws for pushing him to take the extreme step. During the last hearing, the top court was informed by the counsel appearing for Subhash's estranged wife Nikita Singhania that the child was studying at a boarding school in Haryana. Advocate Kumar Dushyant Singh, representing Devi, had sought the child's custody and alleged

Marriage is a relationship built on mutual trust, companionship: SC

"Marriage is a relationship built on mutual trust, companionship and shared experiences," the Supreme Court has said as it upheld a Madras High Court decision granting divorce to an estranged software engineer couple. A bench of justices Vikram Nath and PB Varale said the length of separation and the evident animosity between husband and wife make it clear that there is no possibility of the marriage being revived. "Marriage is a relationship built on mutual trust, companionship, and shared experiences. When these essential elements are missing for an extended period, the marital bond becomes a mere legal formality devoid of any substance," the bench said. It added that the court has consistently held that prolonged separation, coupled with inability to reconcile, is a relevant factor in deciding matrimonial disputes. "In the present case, the length of separation and the evident animosity between the parties make it clear that there is no possibility of the marriage being revived,

Strict laws are for welfare of women, not for extorting their husbands: SC

The Supreme Court on Thursday said the strict provisions of law were for the welfare of women and not means to "chastise, threaten, domineer or extort" their husbands. Justices B V Nagarathna and Pankaj Mithal observed a Hindu marriage was considered to be a sacred institution, as a foundation for a family and not a "commercial venture". Notably, the bench observed the invocation of IPC sections including rape, criminal intimidation and subjecting a married woman to cruelty -- as a "combined package" in most of the complaints related to matrimonial disputes -- was condemned by the top court on several occasions. "The women need to be careful about the fact that these strict provisions of law in their hands are beneficial legislations for their welfare and not means to chastise, threaten, domineer or extort from their husbands," it said. The observations came when the bench dissolved the marriage between an estranged couple on the ground of its irretrievable breakdown. "The provisi

Atul Subhash case: Allahabad HC grants anticipatory bail to Nikita's uncle

Earlier, Deputy Commissioner of Police (DCP) of Karnataka's Whitefield Shiv Kumar said that all three accused have been remanded to judicial custody

What factors determine fair alimony? Latest SC ruling on divorce explained

The Supreme Court's recent ruling in the Rajnesh vs Neha case outlines eight key factors that determine alimony, focusing on financial capacity, standard of living, and the welfare of children.

Bengaluru techie Atul Subhash's wife Nikita Singhania arrested: All we know

On 14 December, Bengaluru-based techie Atul Subhash's estranged wife Nikita Singhania was arrested in connection with his suicide case. Here's a recap of what has happened so far

Amid Bengaluru techie death case, SC issues 8 guidelines on alimony amount

The Supreme Court clarified that these eight factors are not rigid rules but serve as guidelines for determining alimony

'Divorced Muslim women entitled to maintenance,' Supreme Court rules

The top court said that if a Muslim woman gets divorced during the pendency of an application under Section 125 CrPC, she can also seek recourse under the Muslim Women Act, 2019

Most expensive divorce cases in the world that surprised people

Unfortunately, some couple ends their wedding mid-way due to different reasons, but here is a list of some of the most expensive divorce cases in the world

BJP's Shazia Ilmi moves SC, seeks uniform code for alimony, maintenance

BJP leader Shazia Ilmi Friday moved the Supreme Court seeking direction to the Centre to formulate a standardised uniform common code (UCC) for grant of alimony and maintenance to obviate hindrances caused by diverse set of personal laws prescribed by different religions. A bench of Justices Sanjiv Khanna and J K Maheshwari tagged the petition with a pending plea seeking a "gender and religion-neutral" mechanism for grant of maintenance and alimony to all citizens in keeping with the spirit of the Constitution and international conventions. Ilmi has sought issuance of appropriate guidelines for streamlining the existing restrictions, conditions and discrepancies in personal laws (codified and un-codified) for granting fair and reasonable claim of maintenance and alimony without excluding any vulnerable claimant. The plea, filed through advocate Sneha Kalita, also sought a direction to the Law Commission to examine the "discrepancies" in the existing personal laws and submit a report

A lump sum alimony can be a woman's best strategy, say analysts

Simply put, alimony is a monetary compensation granted to a spouse who is unable to support himself/herself.

In battle with ex-wife, Dubai ruler told to pay $730 million

The judge directed Mohammed to make a one-off payment of 251.5 million pounds within three months to Haya.

PIL in SC seeks uniform grounds of maintenance and alimony for all citizens

A PIL has been filed in SC seeking "gender and religion neutral" uniform grounds of maintenance and alimony for all citizens keeping with the spirit of the Constitution and international conventions

Now, husband has to give 25% of his earnings as alimony, rules SC

A bench of Justices R Banumathi and M M Santanagoudar made this observation