Raj Shekar 15 February 2024

Need help in maintenance

Chief Justice K N Singh Jabalpur district have given a good results for Spouses Who Depart from Marriage Rendered Ineligible for Maintenance. https://sahodar.in/spouses-who-depart-from-marriage-rendered-ineligible-for-maintenance/ . Is this law is applicable in Bangalore also. I have maintainance case by end of this month and can i show this to principal family judge. If so what is the procedure to indicate the same to the judge.

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Quick Summary

This discussion addresses a recent district court judgment from Jabalpur regarding spouses who depart from marriage and their eligibility for maintenance. The user is seeking clarification on whether this judgment is applicable to their maintenance case in Bangalore and how to present it to the principal family judge. While the judgment itself isn't binding law, it can be referred to during final arguments to support pleadings and argue against maintenance payments, provided the circumstances are relevant to the user's situation.

2 Replies

T. Kalaiselvan, Advocate (Advocate) 15 February 2024

The judgment is not the law but an interpretation by the said honorable judge.

if you want to rely upon this judgment then you should understand the judgment properly and the circumstances under which it was passed as well as whether it will be applicable to your situation.

Moreover it is not a reportable judgment, it was delivered by a district court and not a high court therefore you cannot quote this as a citation.

However you can refer this during the final arguments in the court where your maintenance case is gong on to substantiate your pleadings and for the reasons by which you do not want to give maintenance to her.