M. G. PRIYADARSINI
G. Kavitha – Appellant
Versus
G. Madhusudhan Rao – Respondent
JUDGMENT
The 1st appellant is the wife of the respondent, and the 2nd appellant is their daughter.
2. The appellants as plaintiffs, filed O.S.No.108 of 2003 against the respondent – defendant, on the file of Family Court, Hyderabad under Sections 18 and 20 of the Hindu Adoptions and Maintenance Act, 1956 claiming past maintenance of Rs.2,55,000/-, and future maintenance at the rate of Rs.15,000/- per month i.e., Rs.10,000/- to the first plaintiff and Rs.5,000/- per month to the second plaintiff.
3. The trial court vide judgment and decree dated 28.10.2004 rejected the claim of the 1st plaintiff for maintenance by relying on the matrimonial settlement deed dated 28.12.2002, stated to have been executed between the 1st plaintiff/wife and the defendant/husband, and in respect of 2nd plaintiff/daughter, awarded an amount of Rs.4,000/- per month towards maintenance, payable by the defendant from the date of filing of the suit.
4. Aggrieved by the judgment and decree of the trial court in rejecting the claim of the 1st plaintiff for maintenance at the rate of Rs.10,000/- per month, and in awarding only an amount of Rs.4,000/-, as against the claim of Rs.5,000/- towards maintenance to the
Maintenance – Agreement, by which wife relinquishes her right to receive maintenance any time in future, is contrary to public policy and consequently unenforceable.
Point of law: “An agreement, by which wife relinquishes her right to receive maintenance any time in future, is contrary to public policy and consequently unenforceable.”
Point of Law : It is settled that maintenance laws have been enacted as a measure of social justice to provide recourse to dependent wife and children for their financial support; so as to prevent th....
Maintenance awarded under Section 125 should ensure the dependent spouse's comfort, considering the standard of living and financial capacity of the spouse obliged to pay.
Delay in filing a maintenance application does not negate entitlement to maintenance; consent to separate was misinterpreted.
The main legal point established in the judgment is the importance of actual earnings, standard of living, and liabilities in determining the maintenance amount under the Protection of Women from Dom....
Maintenance awarded from the date of application must be reasonable and realistic. Applying a uniform, static amount retrospectively over several years is inequitable if the respondent's income fluct....
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