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1 - 10 of 20 (0.22 seconds)Article 142 in Constitution of India [Constitution]
Section 12 in The Protection of Women from Domestic Violence Act, 2005 [Entire Act]
Article 227 in Constitution of India [Constitution]
The Protection of Women from Domestic Violence Act, 2005
The Indian Penal Code, 1860
Section 23 in The Protection of Women from Domestic Violence Act, 2005 [Entire Act]
Sunita Kachwaha And Ors vs Anil Kuchwaha on 28 October, 2014
27. Additionally, the judgment addresses specific
scenarios such as the right of residence under
the PWDV Act, the impact of the wife’s income on
maintenance, and the needs of minor children.
Even if the wife is earning, it does not bar her
from receiving maintenance; the Court should
SLP(Crl.) Nos. 672-675 & 1168-1171of 2024 Page 20 of 27
assess whether her income suffices to maintain
a lifestyle similar to that in the matrimonial
home. The judgment also considers the expenses
associated with the care of minor children,
including educational expenses and reasonable
amounts for extracurricular activities. Serious
disability or illness of a spouse, child, or
dependent family member, requiring constant
care and recurrent expenditure, is also a
significant consideration. Key precedents cited to
reach this broad framework include Manish Jain
v. Akanksha Jain11, Shailja & Anr. v.
Khobbanna12, and Sunita Kachwaha & Ors. v.
Anil Kachwaha13, which reinforce these
principles and provide a sound, reasonable and
fair basis for determining maintenance in
subsequent cases.