There is no hard and fast rule which lays down that first month's maintenance is to be paid. Our team of writers tries their best to provide the correct information always with a unique choice of words to deliver the information correctly to you. Shivananjappa supra is a measure of social legislation enacted for the welfare and benefit of wife, minor children, infirm major children and aged parents who are unable to maintain themselves. Hence, when the Court ultimately decides after conducting the inquiry that she is entitled to maintenance, the said decision must necessarily be based upon the material showing that the wife was unable to maintain herself when she filed an application. No such material had been brought on record.
But, if the civil Court comes to hold, while directing divorce, that the wife is not entitled to maintenance, it would not deprive her of her right to claim maintenance in a criminal Court though the criminal Court has to consider the decision of the civil Court. Reference was made to the decision of the Apex Court in the case of Shahada Khatoon v. To enforce the social duty of preventing the vagrancy and destitution, that in most severe cases often lead to crimes. Rs 2000 was granted to her initially by family court which later was increased to Rs 4000 after discovering that she had no means other than this to support her life. There is no conflict between the two provisions as the provisions relating to maintenance are distinct and separate.
The parties may not have performed the statutory essentials of a valid marriage, but they had entered into this relationship with the intention to marry and to be called as husband and wife before the eyes of the society. Often, Section 125 Plan Administration can be taken care of for you by the employee benefits specialist who you purchased the health insurance policy or other benefits program from. Featured Image: We are muslims, I have been working abroad and my wife and children had been living with me. Any other interpretation would lead the woman to vagrancy and destitution, which the provision of maintenance in Section 125 is meant to prevent. In our Judgment, no such requirement can be read in sub section l of Section 125 of the Code in absence of express provision to that effect. It was submitted that the Family Court was again wrong in allowing maintenance of more than Rs. The Bench of the Supreme Court declared that a Muslim divorced woman who cannot maintain herself is entitled to maintenance from her former husband till the time she gets remarried.
The Supreme Court has held that if there is any conflict between personal law and Section 125 of the Code, then it is clear from the language of Section 125 that it overrules the personal law. They rejected the plea that maintenance is payable for the iddat period only. Shortly stated the facts of the case are that the marriage between appellant No. From the evidence, it was clear that the respondent was working as Cashier with the State Bank of India, Bihita Branch and was getting gross salary of Rs. If she has a child then she also gets maintenance for his children also. There is no dispute that the appellant has the requisite means.
The matter was finally disposed of by the Family Court on November 29, 2006 and the learned Principal Judge of the Family Court directed the respondent to pay maintenance of Rs. The age of parents is irrelevant to claim maintenance. There is no room for the apprehension that the recognition of such implied power would lead to the passing of interim orders in a large number of cases where the liability to pay maintenance may not exist. The judges also rejected the contention that deferred Mahr dower is a payment on the divorce of a wife and hence such payment under the personal law excludes the payment of any maintenance by the husband to the wife. To that extent, therefore, the order passed by the Family Court was vulnerable and accordingly, it was set aside by granting maintenance from the date of the order passed by the Family Court. Even though the Indian Divorce Act, 1936 has been suitably amended but has not been amended to include void marriages.
The Constitution Bench of this Court in Mohammad Ahmed Khan v. Again, there is no substantial change so far as the date of payment is concerned. She has also inherited land from her father. Constitution of India - Article 15 3 , Constitution of India - Article 39 Footnotes 1. The Hindu Law provides for maintenance under two of its statutes-Hindu Marriage Act, 1955 and Hindu Adoption and Maintenance Act, 1956.
If the reply is in the affirmative, she is entitled to claim maintenance. After deduction, his pay packet was of Rs. This subject has always remained under controversy because of the conflict of the Personal laws. If for each month of default of payment of maintenance, the wife were to file separate applications before the Magistrate, surely, it would be open for the Magistrate to pass separate orders of sentences each not exceeding one month. At this stage, we may note that before the decision of the Apex Court in the case of Shahada Khatoon supra , almost unanimously all High Courts of the country had taken the view that it is open for the Magistrate to sentence the defaulting husband for a period in excess of one month if the default exceeds one month and the limitation on the power of the Magistrate to impose such a sentence not exceeding one month is relatable only to each month of default for payment of maintenance.
The Special Marriage Act is a secular law that provides relief to those who are married under the Act. A Muslim minor girl would be entitled to get maintenance from her father even after the enforcement of Muslim Women Protection of Rights on Divorce Act, 1986. In marriage of this nature, strict proof is not required C. Dear Querist My opinion on your queries are as under: 1. Section 125 Order for maintenance of wives, children and parents. After that you will be given a date of hearing. The husband approached this Court through jail and requested for reduction in sentence and for his release from jail.
Accordingly, it is proposed that during the pendency of the proceedings, the Magistrate may order payment of interim maintenance allowance and such expenses of the proceedings as the Magistrate considers reasonable, to the aggrieved person. Under Section 125 l a of the Code, maintenance allowance cannot be granted to every wife who is neglected by husband or whose husband refuses to maintain her, but can only be granted to a wife who is unable to maintain herself but not a wife who is maintaining herself with some difficulty. Before the amendment of 2001, the ceiling was Rs. The strict standard of proof is not required under section 125 of the proceedings. Under section 125, a present right has been conferred in relation to a past event and it will not make the section retrospective.