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IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD
K.LAKSHMAN, VAKITI RAMAKRISHNA REDDY
................ – Appellant
Versus
................ – Respondent
| Table of Content |
|---|
| 1. conclusion of dismissal of appeal with directives. (Para 1 , 16) |
| 2. facts regarding marriage dissolution and maintenance proceedings. (Para 2 , 3 , 4) |
| 3. arguments concerning the appellant's income and maintenance claims. (Para 6 , 7) |
| 4. court’s assessment of maintenance entitlement and reasoned order. (Para 8 , 10 , 12 , 13) |
| 5. ratios concerning the appellant's obligations and time for arrears payment. (Para 11 , 15) |
JUDGMENT :
K. LAKSHMAN, J.
1. Heard Mr. S.Ram Mohan Rao, learned counsel representing Mr. S.Sharath Kumar, learned counsel for the appellant and Mr. Ramanjaneyulu, learned counsel representing Mr. T.Surya Satish, learned counsel for the respondents.
2. The marriage of the appellant with respondent No.1 was performed on 20.02.1995 as per Hindu Rites and Customs. It is an arranged marriage. They were blessed with a son on 17.05.1998 i.e., respondent No.2. Thereafter, disputes arose between them. Appellant had filed an application under Section 13(1)(ia) and (ib) of the Hindu Marriage Act, 1955 vide F.C.O.P.No.487 of 2005 against respondent No.1 seeking dissolution of marriage on the grounds of cruelty and desertion. Vide order dated 07.11.2006, learned the Ju
Post-divorce, a husband's obligation to maintain his wife and child continues, reflecting their financial capacity and duty under law.
Maintenance – Retirement from service is no ground to deny adequate maintenance to estranged wife.
Maintenance of wife—It is not only moral obligation, but a legal duty cast upon husband to maintain his wife and children.
The court emphasized that maintenance must be adequate to meet the basic needs of the wife, reinforcing the husband's obligation to provide financial support.
The husband's liability to maintain his wife and child and the objective of granting interim/permanent alimony to prevent destitution or vagrancy.
Section 23 of the HAMA provides statutory guidance with respect to the criteria for determining the quantum of maintenance.
(1) A dead marriage can be dissolved by Supreme Court by exercising discretionary power under Article 142 of Constitution.(2) Permanent alimony – Amount of permanent alimony should not penalize husba....
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