Overview
- The Allahabad High Court ruled that maintenance petitions against a husband who was a minor are maintainable, but liability arises only after he attains majority, starting from January 1, 2021 in the case before it.
- It modified a Bareilly family court order by reducing monthly maintenance from Rs 9,000 to Rs 4,500, fixing Rs 2,500 for the wife and Rs 2,000 for the daughter.
- The court assessed the husband’s potential income at Rs 18,000 per month and applied the Supreme Court’s 25% cap on maintenance, directing arrears to be recalculated with any excess adjusted.
- The Delhi High Court held that a divorced wife is entitled to seek maintenance under Section 125 CrPC irrespective of the ground or manner of divorce, and that a prior Rs 33 lakh settlement does not automatically bar a fresh claim.
- It declined to quash the wife’s petition, noted compliance with interim orders for the child’s education, and left factual questions on neglect and the wife’s ability to maintain herself to the family court.