Matrimonial and Maintenance Cases Archives - Lawwatch : Legal Resources for Aspiring Advocates

Maintenance Proceedings Under S.125 CrPC Are Civil in Nature

By K Rajasekharan 9 February 2026Matrimonial and Maintenance CasesNo Comments

The Supreme Court, in Rina Kumari @ Rina Devi @ Reena vs. Dinesh Kumar Mahto @ Dinesh Kumar Mahato and Anr [2025 INSC 55], clarified that proceedings under Section 125 of the CrPC are essentially civil in nature.

Enforcement of Maintenance Orders under Section 125(3) CrPC / 144 BNSS

By K Rajasekharan 8 February 2026Matrimonial and Maintenance CasesNo Comments

When a person fails to comply with a maintenance decree, Section 125(3) of the Code of Criminal Procedure (CrPC) provides the Magistrate with specific powers to enforce the payment. These powers include the attachment of property and, as a last resort, the imprisonment of the defaulter.

SC Warns Against Use of AI-Generated Evidence in Matrimonial Cases and Proposes Remedial Measures

By K Rajasekharan 23 January 2026Matrimonial and Maintenance Cases

In Neha Lal v. Abhishek Kumar [2026 INSC 73], the Supreme Court observed a disturbing trend where parties in matrimonial disputes increasingly use fabricated and AI-generated evidence.

Maintenance Can Be Granted Only From the Date of Application

By K Rajasekharan 6 January 2026Matrimonial and Maintenance Cases

In the case of Safia v State of Kerala [2025: KER:91029], the Kerala High Court clarified that maintenance can be granted starting from the date the application was filed, under Section 125(2) of the Code of Criminal Procedure (CrPC).

A Highly Qualified Wife is Entitled to Maintenance

By K Rajasekharan 23 December 2025Matrimonial and Maintenance Cases

In Ratheesh Chandran v. Rema Devi S [2025:KER:91285], the Kerala High Court declared that a highly qualified wife, who is not employed, cannot be denied maintenance on the ground that she has the capacity to earn based on her qualifications.

Temporarily Employed Wife Can Claim Maintenance from Her Husband

By K Rajasekharan 23 December 2025Matrimonial and Maintenance Cases

In Rajeeavan v. Rantin [2025: KER: 86193], the High Court of Kerala observed that the wife’s temporary job even if provides some income would not discentitle her to claim maintenance from her husband if she asserts that he said income is insufficient for her maintenance.

Unmarried Hindu Daughter Attained Majority Has Right to Claim Maintenance

By K Rajasekharan 29 November 2025Family, Marriage & Divorce, Matrimonial and Maintenance Cases

The Section 20 the Hindu Adoptions and Maintenance Act, 1956 casts a statutory obligation on a Hindu father to maintain his daughter, who is unmarried and unable to maintain herself out of her own earnings or other property, the High Court of Kerala observed in Gireesh Kumar. N v. Rajani K.V. & Anr.

A Court Cannot Compel a Penniless Husband to Pay Maintenance

By K Rajasekharan 14 October 2025Family, Marriage & Divorce, Matrimonial and Maintenance Cases

A court cannot legally compel an indigent person (a person lacking means) to pay maintenance, as the legal obligation to pay is predicated upon the ability to pay. This was the core observation of the High Court of Kerala in the case of Jubairiya vs. Saidalavi N [2025: KER: 68937].

Wife Entitled to Maintenance Despite Having Some Job

By K Rajasekharan 27 June 2025Family, Marriage & Divorce, Matrimonial and Maintenance Cases

Just because a wife is earning does not mean that she can be deprived of the support from her husband with the same standard of living to which she was accustomed to after her marriage, says the Bombay High Court, in KPS v PSS [2025:BHC-AS:25107].

Maintenance Not to be Granted Without Considering Affidavit on Assets & Liabilities

By K Rajasekharan 9 May 2025Family, Marriage & Divorce, Matrimonial and Maintenance Cases

The Supreme Court (SC), in Aditi Alias Mithi v Jitesh Sharma [2023 INSC 981 ] directs the courts in India to follow the detailed guidelines issued by it in Rajnesh v Neha & Another [(2021) 2 SCC 32], including filing of the uniform format of Affidavit for Disclosure of Assets and Liabilities, in maintenance proceedings.