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10 Questions around this concept.
What did the historic ruling in the Shah Bano case emphasise with regard to maintenance under Muslim Personal Laws in India?
Passage: 4
Read the following passage and answer the following question
The man and woman involved in the case were married on April 17, 1992. The wife later sought dissolution of the marriage on the grounds of cruelty and desertion, and in 2015, the Nanded court granted the divorce.
The husband then filed a plea before a lower court for a grant of permanent alimony from the wife of Rs 15,000 per month. The husband contended that he did not have any source of income while the wife had acquired educational qualifications of MA, BEd and was working at a school.
The lower court, in 2017, ordered the woman to pay “Rs 3,000 per month as maintenance pendente lite from the date of application till disposal of the petition" to the husband. A similar order was passed in 2019, directing the headmaster of the school to "deduct Rs 5,000 from the monthly salary of wife and send the amount to the court” as arrears after she refused to pay her husband.
Both orders were challenged by the woman in a writ petition before the bench of Justice Bharati Dangre. Justice Dangre said that the application for interim maintenance filed by the husband under Section 24 of the Hindu Marriage Act of 1955 has been rightly entertained by the Judge and the husband has been held entitled to interim maintenance while the proceedings under Section 25 are pending.
The Aurangabad bench of the Bombay High Court has refused to intervene in the orders passed by the Nanded court directing a school teacher to pay alimony to her ex-husband, who claims to have no means of income.
Section 25 of the Act states that the court can order the non-applicant to pay maintenance to the applicant in the form of a lump sum or monthly amount for his or her lifetime. Section 24 deals with maintenance pendente lite and expenses of proceedings.
Question :
Sanjay married Shalini. Sanjay owns a restaurant. During the outbreak of the COVID-19 pandemic, Sanjay suffered losses in his restaurant business and his financial position started deteriorating. Shalini doubted that there was another woman in his life of Sanjay, and due to her, he is spending mindlessly. Due to this, the couple used to quarrel daily. Sanjay filed a petition of divorce against Shalini.
Decide.
Passage: 4
Read the following passage and answer the following question
The man and woman involved in the case were married on April 17, 1992. The wife later sought dissolution of the marriage on the grounds of cruelty and desertion, and in 2015, the Nanded court granted the divorce.
The husband then filed a plea before a lower court for a grant of permanent alimony from the wife of Rs 15,000 per month. The husband contended that he did not have any source of income while the wife had acquired educational qualifications of MA, BEd and was working at a school.
The lower court, in 2017, ordered the woman to pay “Rs 3,000 per month as maintenance pendente lite from the date of application till disposal of the petition" to the husband. A similar order was passed in 2019, directing the headmaster of the school to "deduct Rs 5,000 from the monthly salary of wife and send the amount to the court” as arrears after she refused to pay her husband.
Both orders were challenged by the woman in a writ petition before the bench of Justice Bharati Dangre. Justice Dangre said that the application for interim maintenance filed by the husband under Section 24 of the Hindu Marriage Act of 1955 has been rightly entertained by the Judge and the husband has been held entitled to interim maintenance while the proceedings under Section 25 are pending.
The Aurangabad bench of the Bombay High Court has refused to intervene in the orders passed by the Nanded court directing a school teacher to pay alimony to her ex-husband, who claims to have no means of income.
Section 25 of the Act states that the court can order the non-applicant to pay maintenance to the applicant in the form of a lump sum or monthly amount for his or her lifetime. Section 24 deals with maintenance pendente lite and expenses of proceedings.
Question :
Decide the correct statement.
Which of the following claims about maintenance is true in the context of Indian Family Law?
Introduction:
Types of Maintenance:
Parents' Maintenance:
Legal Provisions for Maintenance:
Hindu Adoption and Maintenance Act, 1956:
Muslim Personal Laws:
Christian Personal Laws:
Case Law: Shabana Bano v. Imran Khan (2010)
Constitutional Provisions:
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