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1 - 10 of 14 (0.35 seconds)Bhuwan Mohan Singh vs Meena & Ors on 15 July, 2014
23. The rationale for grant of
maintenance under section 125 Cr.P.C.
as expounded by the Supreme Court in
Bhuwan Mohan Singh (supra) applies
on all fours to the grant of maintenance
under the DV Act."
The Code of Criminal Procedure, 1973
Section 125 in The Code of Criminal Procedure, 1973 [Entire Act]
The Protection of Women from Domestic Violence Act, 2005
Himanshu Pal @ Pankaj vs State Of Chhattisgahr 34 ... on 11 December, 2018
1. The present appeal is filed under Section 19 of the Family
Courts Act, 1984, challenging the Order dated 10.02.2025 (hereinafter
referred to as, 'Impugned Order') passed by the learned Principal
Judge, Family Court-01, Shahdara District, Karkardooma Courts,
Delhi (hereinafter referred to as, 'Family Court'), whereby the
application under Section 24 of Hindu Marriage Act, 1955 (hereinafter
Signature Not Verified
MAT.APP.(F.C.) 163/2025 Page 1 of 10
Signed By:PALLAVI
VERMA
Signing Date:01.07.2025
17:26:41
referred to as 'HMA') filed by the respondent/wife for grant of interim
maintenance in HMA No. 1575/2023, titled Himanshu Verma v.
Chandni Verma, was allowed, granting maintenance at the rate of
Rs.25,000/- per month from the date of filing of the application till the
pendency of the case, to the respondent/wife.
Shailja vs Khobbanna on 18 January, 2017
6. Before the learned Family Court, the respondent/wife pleaded
that she is not earning and does not have sufficient income to maintain
herself. The said facts are not refuted by the appellant before the
learned Family Court or even before this Court. Admittedly, the
respondent/wife is not earning anything. It is well-settled that the
capability to earn and actual earnings are distinct considerations, and
in the absence of any cogent evidence establishing the
respondent/wife's present employment or income, no adverse
inference can be drawn against her merely on the grounds of her
alleged capability of gaining employment. Reference can be drawn to
the observations of the Supreme Court in Shailja v. Khobbanna,
(2018) 12 SCC 199, wherein it was held that the factum of the wife
being capable of earning a living and whether she is actually earning
are two different aspects. Merely because the wife is capable of
earning is not a sufficient reason to reduce the maintenance awarded
Signature Not Verified
MAT.APP.(F.C.) 163/2025 Page 3 of 10
Signed By:PALLAVI
VERMA
Signing Date:01.07.2025
17:26:41
by the learned Family Court.
Binita Dass vs Uttam Kumar on 9 August, 2019
7. Similarly, this Court in Binita Dass v. Uttam Kumar 2019 SCC
OnLine Del 9666, held that the qualification of the wife and her
capacity to earn cannot be the sole ground to deny her interim
maintenance if she is without any source of income. In the said case,
the petitioner/wife, inter alia, had approached this Court challenging
the order of the Trial Court as well as the Appellate Court, whereby her
application for grant of interim maintenance had been dismissed. With
regard to the observations made by the Trial Court and the Appellate
Court, this Court observed as under:
Kanupriya Sharma vs State & Anr. on 31 May, 2019
5. This court in Kanupriya Sharma
(Supra) relied upon judgment of the
Supreme Court of India in Bhuwan
Mohan Singh v. Meena, (2015) 6 SCC
353 and held as under:
Smt. Jasbir Kaur Sehgal vs The District Judge Dehradun & Ors on 27 August, 1997
10. It is settled law that when a party attempts to conceal his income
and fails to produce the relevant documents to ascertain the actual
earnings, the income can be assessed based on guesswork of the status
of the parties, their lifestyle, and social background. Reference can be
made to the judgment of the Supreme Court in Jasbir Kaur Sehgal vs
District Judge, Dehradun & Others, (1997) 7 SCC 7 wherein it is held
that: