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Delhi Court: Notional Income and Earning Capacity Insufficient Grounds to Deny Interim Maintenance Under Section 125 of the CrPC
The Delhi High Court has reaffirmed that interim maintenance under Section 125 CrPC cannot be denied based on notional income or presumed earning capacity. Recognising the economic burden on custodial parents, the Court stressed actual income disclosures and caregiving roles, remanding the matter for a fresh assessment of financial documents.
6 days ago5 min read
Void Marriage, Valid Maintenance: Supreme Court Clarifies Alimony Rights Under Sections 24 and 25 of the Hindu Marriage Act
In a landmark ruling, the Supreme Court has clarified that maintenance and alimony under Sections 24 and 25 of the Hindu Marriage Act, 1955 may be granted even in void marriages. While affirming judicial discretion based on parties’ conduct and circumstances, the Court refrained from laying down fixed standards. This ruling addresses long-standing ambiguity but leaves key interpretive questions open for future litigation.
Mar 134 min read
Supreme Court: Unasked and Unwarranted Relief in Matrimonial Disputes
The SC addresses irretrievable breakdown and cruelty. It grants unexpected relief, sparking debate on judicial discretion in matrimony.
Dec 28, 20245 min read
Supreme Court on Maintenance v. Financial Claims: Rights to Sustenance Over Business Losses
The Supreme Court prioritises maintenance rights over creditors' claims, reaffirming dignity and sustenance as fundamental under Article 21.
Dec 21, 20243 min read