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Raj Shekar   15 February 2024

Need help in maintenance

Chief Justice K N Singh Jabalpur district have given a good results for Spouses Who Depart from Marriage Rendered Ineligible for Maintenance. https://sahodar.in/spouses-who-depart-from-marriage-rendered-ineligible-for-maintenance/ . Is this law is applicable in Bangalore also. I have maintainance case by end of this month and can i show this to principal family judge. If so what is the procedure to indicate the same to the judge.


Learning

 2 Replies

T. Kalaiselvan, Advocate (Advocate)     15 February 2024

The judgment is not the law but an interpretation by the said honorable judge.

if you want to rely upon this judgment then you should understand the judgment properly and the circumstances under which it was passed as well as whether it will be applicable to your situation.

Moreover it is not a reportable judgment, it was delivered by a district court and not a high court therefore you cannot quote this as a citation.

However you can refer this during the final arguments in the court where your maintenance case is gong on to substantiate your pleadings and for the reasons by which  you do not want to give maintenance to her.

Shashi Dhara   15 February 2024

Submit citations with arguments.


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