15 Ultra-Hard Case Studies
Domestic Violence & Maintenance
1️⃣ Wife earning ₹25,000 per month
Facts
Wife works as a teacher earning ₹25,000/month. Husband earns ₹80,000/month. Wife claims maintenance.
Issue
Can working wife claim maintenance?
Reasoning
Maintenance depends on ability to maintain herself with dignity, not merely on earning.
Likely Decision
Maintenance may be granted if income insufficient compared to matrimonial standard.
2️⃣ Husband claims unemployment
Facts
Husband claims he lost his job and has no income.
Issue
Can maintenance be denied?
Reasoning
Court presumes earning capacity of able-bodied husband.
Likely Decision
Maintenance granted.
3️⃣ Wife left matrimonial home without reason
Facts
Wife left husband voluntarily and refuses to return.
Issue
Whether she is entitled to maintenance.
Reasoning
If wife refuses to live without sufficient cause, maintenance may be denied.
Likely Decision
Maintenance likely rejected.
4️⃣ Second wife unaware of first marriage
Facts
Woman married a man believing he was unmarried. Later she discovers he already had a wife.
Issue
Whether she can claim maintenance.
Reasoning
Law protects women deceived into marriage.
Likely Decision
Maintenance may be granted.
5️⃣ Live-in relationship dispute
Facts
Woman lived with a man for 10 years but no formal marriage.
Issue
Can she claim relief under DV Act?
Reasoning
Relationship in the nature of marriage is protected.
Likely Decision
DV Act relief granted.
6️⃣ Wife earning more than husband
Facts
Wife earns ₹1 lakh/month, husband earns ₹30,000.
Issue
Can she claim maintenance?
Reasoning
Maintenance meant to prevent destitution, not wealth transfer.
Likely Decision
Maintenance likely refused.
7️⃣ Maintenance after divorce
Facts
Divorced wife seeks maintenance.
Issue
Whether divorced wife entitled.
Reasoning
Divorced wife is still entitled if not remarried and unable to maintain herself.
Likely Decision
Maintenance granted.
8️⃣ Husband argues wife has parental property
Facts
Wife has inherited property but no regular income.
Issue
Does ownership defeat maintenance claim?
Reasoning
Maintenance depends on actual income, not mere property ownership.
Likely Decision
Maintenance possible.
9️⃣ Domestic violence by in-laws
Facts
Wife alleges harassment by mother-in-law and sister-in-law.
Issue
Can DV case proceed against female relatives?
Reasoning
DV Act allows complaints against any relative of husband.
Likely Decision
Proceedings maintainable.
🔟 Shared household dispute
Facts
Husband lives in parents’ house. Wife seeks residence order.
Issue
Can wife claim residence in in-laws’ house?
Reasoning
Right to shared household under DV Act.
Likely Decision
Residence order may be granted.
1️⃣1️⃣ Wife refuses to work despite qualification
Facts
Wife is highly qualified but unemployed by choice.
Issue
Should maintenance be granted?
Reasoning
Court considers earning capacity but not compulsion to work.
Likely Decision
Maintenance may still be granted but reduced.
1️⃣2️⃣ Interim maintenance application
Facts
Trial likely to take 3 years.
Issue
Should interim maintenance be granted quickly?
Reasoning
Delay defeats purpose of maintenance law.
Likely Decision
Interim maintenance granted immediately.
1️⃣3️⃣ Wife living separately due to cruelty
Facts
Wife left home due to harassment.
Issue
Whether she is justified in living separately.
Reasoning
Cruelty constitutes sufficient reason.
Likely Decision
Maintenance granted.
1️⃣4️⃣ Child maintenance dispute
Facts
Husband argues wife earns enough but child lives with mother.
Issue
Who pays child maintenance?
Reasoning
Child’s right independent of mother’s income.
Likely Decision
Father must pay child maintenance.
1️⃣5️⃣ Simultaneous remedies
Facts
Wife files:
-
DV Act case
-
Maintenance petition
Issue
Is double relief allowed?
Reasoning
Multiple remedies allowed but double recovery avoided.
Likely Decision
Court adjusts amounts.
📊 Judicial Logic Framework (Used by Courts)
While deciding maintenance courts examine:
1️⃣ Income of husband
2️⃣ Income of wife
3️⃣ Standard of living
4️⃣ Dependents
5️⃣ Conduct of parties
6️⃣ Justification for separate residence
7️⃣ Needs of children