Maintenance to Wife -- Capacity to Maintain Luxury Car—Interim maintenance of Rs.20,000 not excessive
(i) Hindu Marriage Act, 1955, S.24 -- Maintenance to Wife -- Capacity to Maintain Luxury Car -- Interim amount not excessive. Financial capacity of husband is to be assessed from his standard of living and expenditure, and a person who can maintain a luxury vehicle cannot claim that a modest sum awarded as interim maintenance to wife and child is excessive. (ii) Hindu Marriage Act, 1955, S.13(1)(ia) -- Divorce -- Long Separation Due to Extra-Marital Relationship of Husband -- Not irretrievable breakdown entitling husband to decree. Prolonged separation cannot be treated as irretrievable breakdown of marriage where the wife had reasonable cause to live apart on account of the extra-marital relationship of the husband. Allowing divorce in such circumstances would reward the wrongdoer, and cruelty by the wife cannot be inferred merely from a marriage invitation card and a photograph.
LOGIN TO READCaseLawToday.com is powered by M/s Law Herald Infotech
