📚 Landmark Supreme Court Cases on Maintenance

1️⃣ Rajnesh v. Neha

Citation: (2021) 2 SCC 324

Principles laid down:

• Supreme Court issued comprehensive guidelines on maintenance.

• Courts must consider income, assets, liabilities, standard of living, dependents.

• Both husband and wife must file Affidavit of Disclosure of Assets and Liabilities.

• Maintenance can be granted from the date of application.

Important ratio:
Maintenance should ensure that the wife can live with dignity similar to the matrimonial home.

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2️⃣ Bhuwan Mohan Singh v. Meena

Citation: (2015) 6 SCC 353

Principle:

• Husband cannot escape liability by claiming unemployment or lack of income.

• Able-bodied husband must maintain his wife.

Key observation:

“A husband cannot take subterfuges to deprive the wife of maintenance.”

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3️⃣ Chaturbhuj v. Sita Bai

Citation: (2008) 2 SCC 316

Principle:

• Wife need not prove actual starvation.

• Maintenance is granted if husband neglects or refuses to maintain.

Ratio:
Even if wife earns some income, she may still claim maintenance if it is insufficient to maintain herself.

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4️⃣ Shailja v. Khobbanna

Citation: (2018) 12 SCC 199

Principle:

• Capability to earn is not the same as actual earning.

• Mere educational qualification cannot deny maintenance.

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5️⃣ Badshah v. Urmila Badshah Godse

Citation: (2014) 1 SCC 188

Principle:

• Maintenance law must be interpreted liberally to achieve social justice.

• Even a woman deceived into marriage may be entitled to maintenance.

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6️⃣ Vimala v. Veeraswamy

Citation: (1991) 2 SCC 375

Principle:

• Proceedings under maintenance law are summary in nature.

• Strict proof like civil trial is not necessary.

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7️⃣ Shamima Farooqui v. Shahid Khan

Citation: (2015) 5 SCC 705

Principle:

• Maintenance must be realistic and not symbolic.

• Wife should not be forced to live in destitution.

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📚 Landmark Supreme Court Cases on Domestic Violence Act

8️⃣ Hiral P. Harsora v. Kusum Narottamdas Harsora

Citation: (2016) 10 SCC 165

Principle:

• Supreme Court struck down the words “adult male” from DV Act.

• Now complaint can be filed against female relatives also.

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9️⃣ Indra Sarma v. V.K.V. Sarma

Citation: (2013) 15 SCC 755

Principle:

• Supreme Court explained live-in relationships covered under DV Act.

• Provided tests to determine relationship in the nature of marriage.

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🔟 V.D. Bhanot v. Savita Bhanot

Citation: (2012) 3 SCC 183

Principle:

• DV Act can apply even if violence occurred before 2005, if effects continue.

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1️⃣1️⃣ Satish Chander Ahuja v. Sneha Ahuja

Citation: (2021) 1 SCC 414

Principle:

• Wife has right to reside in shared household even if it belongs to in-laws.

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1️⃣2️⃣ Krishna Bhattacharjee v. Sarathi Choudhury

Citation: (2016) 2 SCC 705

Principle:

• Stridhan retention by husband amounts to continuing domestic violence.

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⚖️ Most Important Principles (Exam + Court Use)

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📜 Ready-to-Use Judgment Paragraph (Magistrate Orders)

You can directly use this paragraph in maintenance orders:

“The Hon’ble Supreme Court in Rajnesh v. Neha has held that maintenance must ensure that the wife is able to live with dignity similar to the standard of living in the matrimonial home and that courts must consider the income, assets and liabilities of both parties. Further, in Bhuwan Mohan Singh v. Meena, it has been held that an able-bodied husband cannot evade his obligation to maintain his wife.”