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Alimony & Child Maintenance Lawyer Delhi | Section 125 CrPC Expert

Uttarakhand High Court Upholds Maintenance for Minor Children Despite Father’s Unemployment In a significant judgment, the Uttarakhand High Court reaffirmed that an able-bodied and qualified individual cannot evade the legal obligation to maintain minor children merely by pleading unemployment. The ruling emphasizes that voluntary or unsubstantiated unemployment cannot be used to avoid statutory responsibilities under Section 125 of the Criminal Procedure Code (CrPC) . Case Overview: Dheeraj Kapoor v State of Uttarakhand and Ors & Ridhi Kapoor and Another v Dheeraj Kapoor Case No.: Criminal Revision No. 626 of 2022 Bench: Justice Alok Mahra The dispute arose from an application filed by the minor children through their mother, seeking maintenance. The Family Court, Haridwar awarded ₹6,500 per month to each child after considering the evidence and financial position of both parents. The father challenged this award, seeking a reduction, while the children sought enhancement. The...

Best Divorce Lawyer in Delhi

Delhi High Court: Wife Cannot Be Denied Interim Maintenance on Mere Allegations of Earning The Delhi High Court has reaffirmed that at the stage of interim maintenance under Section 125 Cr.P.C., a wife cannot be presumed to be earning or self-sufficient based on vague and unsubstantiated claims made by the husband . In CRL.REV.P. 763/2024 (A vs. B) , the Court enhanced interim maintenance from ₹2,500 to ₹3,500 per month , holding that: ✔ Bald allegations about the wife’s employment, without documentary proof, carry no weight ✔ A wife’s statutory right to maintenance cannot be diluted by assumptions ✔ Where the husband conceals or gives incomplete income details, income can be assessed on minimum wages ✔ Interim maintenance must meet basic survival needs The Court emphasized that a woman educated only up to the 11th standard cannot be presumed capable of maintaining herself , especially in the absence of evidence. 👩‍⚖️ Bench: Hon’ble Dr. Justice Swarana Kanta Sharma 📌 Court...

Maintenance Case Lawyer in Karkardooma Court Delhi

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