AI Overview...
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Presumption of Ability to Maintain Family - An able-bodied young man is presumed to be capable of earning sufficient income to reasonably maintain his wife and child, and cannot deny this capacity. This principle was established by the Delhi High Court in Chander Prakash Bodhraj v. Shila Rani Chander Prakash (AIR 1968 Delhi 174) and reiterated in multiple judgments GOWRAMMA VS LAXMIKANTHIAH - Karnataka, Neha Mathur VS Arvind Kishore - Rajasthan, Harinder Katoch VS Smily Sharma - Himachal Pradesh, Arpana Vijay Manore VS Vijay Tukaram Manore - Current Civil Cases, Arpana Vijay Manore VS Vijay Tukaram Manore - Bombay, Dinesh Mohan VS Kavita - Himachal Pradesh, Nagender Pal Sharma Son of Sh. Thakar Dass VS Vidya Sharma, Wife of Sh. Nagender Pal Sharma - Himachal Pradesh, Sumairvijay Chandravijay Singh VS Srimati Preetika Sumairvijay Singh D/o Narendra Singh - Crimes.
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Legal Authority and Judicial Support - The Delhi High Court's ruling in the aforementioned case has been upheld and referenced by higher courts, including the Supreme Court in Shamima Farooqui v. Shahid Khan (2015) 5 SCC 705, confirming the legal standing of this presumption Arpana Vijay Manore VS Vijay Tukaram Manore - Current Civil Cases, Dinesh Mohan VS Kavita - Himachal Pradesh.
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Implication in Maintenance Cases - Courts have cited this judgment to affirm that the husband's obligation to provide maintenance is based on the presumption of his earning capacity, and he cannot claim inability to support his family if he is able-bodied Neha Mathur VS Arvind Kishore - Rajasthan, Harinder Katoch VS Smily Sharma - Himachal Pradesh, Arpana Vijay Manore VS Vijay Tukaram Manore - Current Civil Cases, Arpana Vijay Manore VS Vijay Tukaram Manore - Bombay.
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Additional Evidence - In some cases, evidence such as notices served or other documentation supports the assertion of the husband's ability to earn, reinforcing the legal presumption Bodh Raj VS Om Parkash - Jammu and Kashmir.
Analysis and Conclusion:
The consistent judicial stance across multiple rulings emphasizes that an able-bodied husband is presumed to have the capacity to earn sufficient income for his family's maintenance. This presumption places the onus on the husband to prove actual inability rather than denying capacity. The Delhi High Court's decision in Chander Prakash Bodhraj v. Shila Rani Chander Prakash remains a foundational authority, upheld by higher courts, influencing maintenance and family support judgments in Indian law.
Search Results for "Chander Parkash Bodhraj"
2015 0 Supreme(Kar) 453 • India - Karnataka
A.N.VENUGOPALA GOWDA
In CHANDER PARKASH BODHRAJ Vs. ... SHILA RANI CHANDER PRAKASH, AIR 1968 DELHI 174, High Court of Delhi, has held as follows: ... “An able-bodied young man has to be presumed to be capable of earning sufficient money so as to be able reasonably to maintain his wife and child and he cannot be heard to say that he is not
2022 0 Supreme(Raj) 344 • India - Rajasthan
PUSHPENDRA SINGH BHATI
Kalyani Sanjay Kale - Chander Prakash Bodhraj v. Shila Rani Chander Prakash - Shamima Farooqui v. ... An able-bodied husband must be presumed to be capable of earning sufficient money to maintain his wife and children, and cannot contend that he is not in a position to earn sufficiently to maintain his family, as held by the Delhi High Court in Chander Prakash Bodhraj v. ... Shila Rani Chander Prakash. The onus is....
2014 0 Supreme(HP) 86 • India - Himachal Pradesh
RAJIV SHARMA
Angammal, AIR 1960 Madras 348, Chander Parkash Bodh Raj vs. Shila Rani Chander Parkash, AIR 1968 Delhi 174, Raibari Behera vs. ... ... 15 In Chander Parkash Bodh Raj vs. ... Shila Rani Chander Parkash, AIR 1968 Delhi 174, learned Single Judge of Delhi High Court has held that an able bodied young man has to be presumed to be capable of earning sufficient money so as to be able reasonably to maintain his wife and child and he cannot be heard to say t....
• India - Current Civil Cases
MANGESH S.PATIL
Rani Chander Prakaash. ... An able-bodied husband must be presumed to be capable of earning sufficient money to maintain his wife and children, and cannot contend that he is not in a position to earn sufficiently to maintain his family, as held by the Delhi High Court in Chander Prakash Bodhraj v Shila ... This Court in Shamima Farooqui v Shahid Khan cited the judgment in Chander Prakash (supra) with approval, and held that the obligation of the husband to provide maintenance sta....
2020 0 Supreme(Bom) 1443 • India - Bombay
MANGESH S.PATIL
Chander Prakaash. ... An able-bodied husband must be presumed to be capable of earning sufficient money to maintain his wife and children, and cannot contend that he is not in a position to earn sufficiently to maintain his family, as held by the Delhi High Court in Chander Prakash Bodhraj v Shila Rani ... This Court in Shamima Farooqui v Shahid Khan cited the judgment in Chander Prakash (supra) with approval, and held that the obligation of the husband to provide maintenance stands ....
2015 0 Supreme(HP) 1118 • India - Himachal Pradesh
TARLOK SINGH CHAUHAN
In this context, we may profitably quote a passage from the judgment rendered by the High Court of Delhi in Chander Prakash Bodhraj v. ... This was so held by the Delhi High Court in Chander Parkash Bodh Raj versus Smt. Shila Rani Chander Prakash AIR 1968 Delhi 174 which judgment in turn was upheld by the Hon’ble Supreme Court in Shamima Farooqui versus Shahid Khan (2015) 5 SCC 705. ... Shila Rani Chander Prakash [AIR 1968 Delhi 174....
1988 0 Supreme(J&K) 98 • India - Jammu and Kashmir
A.S.ANAND
There is also evidence of Chander Parkash PW that a notice dated 17-7-1981 was pasted of the wall near the outer door of the demised premises. The statement of the plaintiff on this aspect was not challenged by the defence.
2022 0 Supreme(HP) 246 • India - Himachal Pradesh
SANDEEP SHARMA
Rani Chander v. ... 90.4 An able-bodied husband must be presumed to be capable of earning sufficient money to maintain his wife and children, and cannot contend that he is not in a position to earn sufficiently to maintain his family, as held by the Delhi High Court in Chander Prakash Bodhraj v Shila ... 90.5 This Court in Shamima Farooqui v Shahid Khan cited the judgment in Chander Prakash (supra) with approval, and held that the obligation of the husband to provide maintenance stan....
2022 0 Supreme(Del) 488 • India - Delhi
CHANDRA DHARI SINGH
In the case of Chander Prakash Bodhraj v Shila Rani Chander Prakash, AIR (1968) Delhi 174, coordinate bench of this Court has held: “7. ... Ramesh Chander, (2012) 9 SCC 460. The relevant portion of the said judgment has been reproduced as under: “12.
• India - Crimes
GITA GOPI
An able-bodied husband must be presumed to be capable of earning sufficient money to maintain his wife and children, and cannot contend that he is not in a position to earn sufficiently to maintain his family, as held by the Delhi High Court in Chander Prakash Bodhraj v Shila Rani Chander Prakash. ... This Court in Shamima Farooqui v Shahid Khan cited the judgment in Chander Prakash with approval, and held that the obligation of the husband to provide maintenance stan....
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