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Spousal Maintenance

Geeta Satish Gokarna v Satish Shankarrao Gokarna, AIR 2004 Bom 345

ISSUE:

Whether Section 25(1) of the Hindu Marriage Act is applicable in the present case?

Whether Geeta can claim maintenance despite the terms of the dissolution?

RULE:

The wording of Section 25(1) allows for a party to move an application for maintenance even after a dissolution so long as maintenance has not been provided for.

The terms of the dissolution cannot disentitle a any party from the claim for permanent alimony.

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Spousal Maintenance

Chaturbhuj v Sita Bai, (2008) 2 SCC 316

ISSUE:

Whether Sita Bai’s income was sufficient for her to sustain herself and consequently, whether Chaturbhuj would have to pay her maintenance?

RULE:

The burden is on a wife to show that the means of her husband are sufficient. In the present case, this is undisputed.

Whether a deserted wife is unable to maintain herself has to be decided by the material placed on record before the court.

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Spousal Maintenance

Indra Sarma v. V.K.V.Sarma, 2013 (14) SC 448

ISSUE:

Whether respondent's relationship with the petitioner falls under the definition of in the nature of marriage of the DV Act?

Whether respondents can claim maintenance in this relationship?

RULE:

To consider a relationship as a "relationship in the nature of marriage” it must inherent essential characteristic of a marriage, but a relationship other than “in the nature of marriage” and the person’s status is lower than the status of a wife and that relationship would not fall within the definition of “domestic relationship” under Section 2(f) of the DV Act.

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