Chaturbhuj v. Sita Bai

2 SCC 316Reported decision2008#9525 most cited

judgments rely on this decision, according to BharatTax’s citation analysis of 292,668 Indian tax judgments — from 2016 to 2025.

Judgments citing Chaturbhuj v. Sita Bai

THE COMMISSIONER OF INCOME TAX - INTERNATIONAL TAXATION -3 vs. SIS LIVE

ITA/172/2024HC Delhi07 May 2025

Bench: The Court .............................................. 6 Analysis & Findings ...................................................................... 8 Distinction Between Interim Relief/Maintenance & Ad-Interim Relief/Maintenance ............................................................................................ 9 The Scope & Objective Of Section 125 Of Cr.P.C .................................... 10 Grant Of Ad-Interim Maintenance: Judicial Precedents .............................. 12 Law Of Grant Of Ad-Interim Maintenance: Summarised & Clarified .... 18 Whether Ad-Interim Maintenance Can Be Granted Even In The Absence Of A Specific Application Made To That Effect? ....................................................... 21 Whether Ad-Interim Maintenance Is Payable From The Date Of Filing Of The Application Or The Date Of The Order? ................................................... 26 The Decision ..................................................................................................... 28 Digitally Signed By:Zeenat Praveen Signing Date:01.07.2025 18:09:08 Signature Not Verified

Section 125

…tress of a woman who has been compelled to leave her matrimonial home. It ensures that some immediate and suitable arrangement is made to help her sustain herself and any children dependent on her care. 17. Prior thereto, in Chaturbhuj v. Sitabai: (2008) 2 SCC 316, the Hon‘ble Supreme Court had held that the object of Section 125 was not to punish a person for past neglect, but to prevent vagrancy and destitution by ensuring basic necessities such as food, clothing, and shelter for a deserted wife. 18. Further, as far as Section 125 of Cr.P.C. is concerned, initially there was no provision for grant…

COMMISSIONER OF INCOME TAX (TDS)-2 vs. M/S SANTUR BUILDERS PVT. LTD.

ITA/252/2024HC Delhi19 Mar 2025

Bench: HON'BLE MR. JUSTICE VIBHU BAKHRU,HON'BLE MR. JUSTICE TEJAS KARIA

Section 13(1)Section 19Section 24

…nor meagre to drive the applicant wife to penury or mere support. The duration of the marriage as well as the conduct of the parties, which is apparent on the face of record also needs to be kept in perspective.” 26. In Chaturbhuj v. Sita Bai, (2008) 2 SCC 316, the Supreme Court held that maintenance cannot be denied merely because the wife is earning; it must also be shown that her income is sufficient for her sustenance. The Court emphasized that even if the wife has some earnings, she may still be entitled to maintenance. The Court observed as follows : 7. Under the law the burden is placed in…

THE PR. COMMISSIONER OF INCOME TAX -CENTRAL -1 vs. LUXOR WRITING INSTRUMENTS PVT. LTD.

ITA/167/2024HC Delhi14 Jan 2025

Bench: The Court ............................................. 6 Analysis & Findings ..................................................................... 8 Distinction Between Interim Relief/Maintenance & Ad-Interim Relief/Maintenance ............................................................................................ 9 The Scope & Objective Of Section 125 Of Cr.P.C ................................... 10 Grant Of Ad-Interim Maintenance: Judicial Precedents ............................. 12 Law Of Grant Of Ad-Interim Maintenance: Summarised & Clarified ... 18 Whether Ad-Interim Maintenance Can Be Granted Even In The Absence Of A Specific Application Made To That Effect? ................................................... 21 Whether Ad-Interim Maintenance Is Payable From The Date Of Filing Of The Application Or The Date Of The Order? .................................................. 26 Digitally Signed By:Zeenat Praveen Signing Date:01.07.2025 18:09:08 Signature Not Verified

Section 125

PR. COMMISSIONER OF INCOME TAX, DELHI-1 vs. M/S CBS HOLDING PVT. LTD.

ITA/689/2023HC Delhi19 Sept 2024

Bench: HON'BLE MR. JUSTICE RAVINDER DUDEJA,HON'BLE MR. JUSTICE YASHWANT VARMA

Section 125Section 125(4)

…CRL.REV.P. 689/2023 & CRL.REV.P. 886/2024 Page 1 of 7 $~28 & 29 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.REV.P. 689/2023, CRL.M.A. 16854/2023 & CRL.M.A. 35375/2023 ARVIND SINGH RANA .....Petitioner Through: Mr. Kirti Uppal, Sr. Adv. with Mr. Darshan Paliwal, Mr. Aditya Raj, Mrs. Neeraj Paliwal and Ms. Archisha Satyarthi, Advs. with petitioner. versus NIDHI SINGH RANA .....Respondent Through: Mr. Jai Bansal and Mr. Abhishek Verma, Advs. with respondent. 29 + CRL.REV.P. 886/2024, CRL.M.A. 20293/2024 & CRL.M.A. 20294/2024 NIDHI SINGH RANA .....Petitioner Through…

THE PR. COMMISSIONER OF INCOME TAX vs. M/S INIDABUILD HOMES PVT LTD

ITA/277/2023HC Karnataka29 Aug 2023

Bench: The Hon'Ble Mr Justice Ravi V Hosmani R.P. F. C. No. 277 Of 2023 Between:

Section 125Section 125(1)(a)Section 19(4)Section 65

…- 1 - NC: 2024:KHC:21669 RPFC No. 277 of 2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 18TH DAY OF JUNE, 2024 BEFORE THE HON'BLE MR JUSTICE RAVI V HOSMANI R.P. F. C. NO. 277 OF 2023 BETWEEN: MR. SHINE T.A., S/O K. THAN KACHAN, AGED ABOUT 42 YEARS, R/AT NO. 7, 2ND CROSS, ANUBHAVANAGAR, NAGARBHAVI MAIN ROAD, BANGALORE 560 071. …PETITIONER [BY SRI. RAMACHANDRA R. NAIK, ADVOCATE (PH)] AND: 1. BABY CAROLYN SHINE, D/O SHINE T.A., AGED ABOUT 11 YEARS, REP. BY HER NATURAL GAURDIAN MOTHER, MRS. RENCY THOMAS, 2. MRS. RENCY THOMAS, W/O SHINE T.A., D/O C.K. THOM…

PRINCIPAL COMMISSIONER OF INCOME TAX 1,BHUBANESWAR vs. BOUDH CO OPERATIVE CENTRAL BANK LTD.,BOUDH

ITA/104/2018HC Orissa06 Apr 2022

Bench: The Hon'Ble Mr Justice Hanchate Sanjeevkumar Rev.Pet Family Court No. 104 Of 2018 C/W Rev.Pet Family Court No. 134 Of 2017 Rev.Pet Family Court No. 131 Of 2019

Section 125Section 19Section 19(4)Section 9

…ication. Under the third proviso to the amended Section 125, the application for grant of interim maintenance must be disposed of as far as possible within sixty days' from the date of service of notice on the respondent. In Chaturbhuj v. Sitabai (2008) 2 SCC 316: (AIR 2008 SC 530) this Court held that the object of - 16 - NC: 2024:KHC:14466 RPFC No. 104 of 2018 C/W RPFC No. 134 of 2017 RPFC No. 131 of 2019 maintenance proceedings is not to punish a person for his past neglect, but to prevent vagrancy and destitution of a deserted wife by providing her food, clothing and shelter by a sp…

M/S NMDC LIMITED vs. DEPUTY COMMISSIONER OF INCOME TAX

The appeal is allowed

ITTA/23/2018HC Telangana04 Jun 2021

Bench: T.VINOD KUMAR,M.S.RAMACHANDRA RAO

For Appellant: Mr.Ashish Gautam, AdvocateFor Respondent: Mr. Sunil Singh, Advocate

Section 12(1)Section 12(1)(C)Section 19(1)

…relevant factors. The test for determination of maintenance in matrimonial disputes depends on the financial status of the respondent, and the standard of living that the applicant was accustomed to in her matrimonial home. [Chaturbhuj v. SitaBai, (2008) 2 SCC 316 : (2008) 1 SCC (Civ) 547 : (2008) 1 SCC (Cri) 356] The maintenance amount awarded must be reasonable and realistic, and avoid either of the two extremes i.e. maintenance awarded to the wife should neither be so extravagant which becomes oppressive and unbearable for the respondent, nor should it be so meagre that it drives the wife to penury.…

THE PR. COMMISSIONER OF INCOME TAX -3 vs. DELHI TOURISM TRANSPORTATION CORPORATION LTD.

ITA/830/2019HC Delhi13 Sept 2019

Bench: HON'BLE MR. JUSTICE VIPIN SANGHI,HON'BLE MR. JUSTICE SANJEEV NARULA

Section 24

…Page 28 of 33 court has to determine whether the income of the wife is sufficient to enable her to maintain herself, in accordance with the lifestyle of her husband in the matrimonial home. [Chaturbhuj v. Sita Bai, (2008) 2 SCC 316 : (2008) 1 SCC (Civ) 547 : (2008) 1 SCC (Cri) 356] Sustenance does not mean, and cannot be allowed to mean mere survival. [Vipul Lakhanpal v. Pooja Sharma, 2015 SCC OnLine HP 1252 : 2015 Cri LJ 3451] 90.2. In Sunita Kachwaha v. Anil Kachwaha [Sunita Kachwaha v. Anil Kachwaha, (2014) 16 SCC 715 : (2015) 3 SCC (Civ) 753 : (2015) 3 SCC (Cri)…

NIRMALA W/O DATTU @ DATTAPPA NAIKODI AND ORS vs. DATTU @ DATTAPPA S/O MARUTI NAIKODI

RPFC/200078/2016HC Karnataka14 Mar 2018

Bench: The Hon’Ble Mr. Justice B. Veerappa Rpfc No.200078/2016 C/W Rpfc No.200001/2017 Rpfc No.200078/2016 Between: 1. Nirmala W/O. Dattu @ Dattappa Naikodi, Age: 35 Years, Occ: Coolie, 2. Maruti S/O. Dattu @ Dattappa Naikodi, Age: 18 Years, Occ: Student (Minor) 3. Aishwarya D/O. Dattu @ Dattappa Naikodi, Age: 13 Years, Occ: Student (Minor) All R/O. H.No. E# 1/5100, Hanuman Nagar, Near Railway Under Bridge, Old Jewargi Road, Kalaburagi – 585102. Petitioner No.2 & 3 Are Being Minors, This Petition Is Filed Through Their Next Friend & Natural Mother Petitioner No.1 ... Petitioners (By Sri Kurkoti Rachanna Basawannappa & Sri Choodamani M Patil, Advocates)

Section 125Section 19(4)

…ife, for wife’s right to receive maintenance under Section 125 17 CrPC, unless disqualified, is an absolute right”. “Para No.16 :- Grant of maintenance to wife has been perceived as a measure of social justice by this Court. In Chaturbhuj V. Sita Bai (2008) 2 SCC 316 : (2008) 1 SCC (Civ) 547 : (2008) 1 SCC (Cri) 356, it has been ruled that : (SCC p.320, para6) “6. … Section 125 CrPC is a measure of social justice and is specially enacted to protect women and children and as noted by this Court in Capt. Ramesh Chander Kaushal V. Veena Kaushal (1978) 4 SCC 70 :1978 SCC (Cri) 508, falls within the constitutional s…

The Principal Commissioner of Income tax-4 vs. M/s Meera AND Ceiko Pumps Pvt Ltd.,

ITTA/606/2017HC Telangana31 Oct 2017

Bench: CHALLA KODANDA RAM,C.V.NAGARJUNA REDDY

Section 125

…cy and destitution by ensuring that those who are dependent on another for their subsistence, such as a wife, children, or parents, receive financial support when they are unable to maintain themselves. The Supreme Court in Chaturbhuj v. Sita Bai : (2008) 2 SCC 316 emphasized that the object of maintenance proceedings is not to punish a person for past neglect but to ensure that those entitled This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 05/10/2024 at 1…

The Commissioner of Income tax-Iv, vs. PES Engineers Pvt. Ltd.,

Accordingly, the petition is allowed

ITTA/586/2016HC Telangana28 Nov 2016

Bench: ANIS,SANJAY KUMAR

Section 125Section 127

…is well settled that the object of granting maintenance is to prevent vagrancy by compelling those who can provide support to those who are unable to support themselves and who have a moral claim to support. The Apex Court in Chaturbhuj v. Sita Bai, (2008) 2 SCC 316, has observed as under: "6. The object of the maintenance proceedings is not to punish a person for his past neglect, but to prevent vagrancy by compelling those who can provide support to those who are unable to support themselves and who have a moral claim to support. The phrase “unable to maintain herself” in the instant case would mean…