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Indian High Courts Tighten Maintenance Enforcement With Costs and Conditional Stays

Fresh rulings signal a tougher line on maintenance through costs plus conditional stays.

Overview

  • Karnataka High Court, in a Friday interim order, stayed an FIR against a BJP leader’s 22-year-old son on the condition that he or his parents pay ₹75,000 each month to the victim and their child, with the case next listed on June 5.
  • Allahabad High Court ordered a husband to pay ₹15 lakh to his wife after finding he filed false affidavits and forced her to take salary-backed loans he then siphoned, directing recovery as land revenue and checks on any asset transfers if he defaults.
  • The Karnataka High Court upheld ₹20,000 in interim maintenance for a wife, ruling an able-bodied husband cannot avoid support by citing job loss and noting her own pay did not match the standard of life in the marital home.
  • The Punjab and Haryana High Court stayed a ₹5,000 interim award to a wife who is on trial for allegedly trying to murder her husband, granting temporary relief to the burn victim while the matter returns to court on May 25.
  • The Madhya Pradesh High Court affirmed that acquittal in a cruelty case does not block maintenance under Section 125 of the CrPC, with courts weighing earning capacity and financial records such as tax deductions when fixing support.