Lawstreet Journal

Wife After Mutual Divorce Forfeiting Maintenance Entitled to Maintenance Even If She Runs A Business: Bombay HC [READ ORDER]

Lawstreet Journal 8 Jun 2020 6:52pm

Image courtesy: Lawstreet Journal Judiciary Wife After Mutual Divorce Forfeiting Maintenance Entitled to Maintenance Even If She Runs A Business: Bombay HC [READ ORDER]

A Single Judge Bench of Justice N. J. Jamadar of the High Court of Judicature at Bombay has in the matter of Mr. Sanjay Damodar Kale v. Ms. Kalyani Sanjay Kale and Ors. observed that, even if a divorced woman is running a business and earning out of it, she will be entitled to get maintenance under S. 125 of the Code of Criminal Procedure, 1973. Judgment to this effect was given on May 26, 2020. 


Background of the case:

The appellant-husband had challenged the judgment and order passed by Judge, Family Court, Pune, whereby the Judge was persuaded to order payment of an amount of Rs.15,000/- per month to the Respondent-wife from the date of application and an amount of Rs.7,000/- as cost of litigation under section 125 of the Code of Criminal Procedure, 1973 (CrPC).

The marriage of the Couple was solemnized in 1997 in accordance with Hindu religious rites and ceremonies. Wife had claimed before the Family Court that, since the inception of marital life husband had treated her with extreme cruelty. The husband had dropped her at her parental home at Satara in 1999. Despite repeated assurances, the husband had not gone fetch back her to her marital home. Ultimately with the intervention of police wife was allowed to enter her matrimonial home at Pune. Thereafter the Couple had moved out of the matrimonial home and started to reside separately from the in-laws of the wife. In April 2007, the husband had expressed his desire… Continue Reading...

Tagged: Mutual Consent Divorce   Mutual Consent Divorce  
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