Family Courts Act, 1984, Section 7(1)(f), Hindu Adoptions and Maintenance Act, 1956, Section 18, Criminal Procedure Code, 1973, Section 125 -- Jurisdiction of Family Court - Conversion of maintenance petition u/s 18 of HAMA Act to S.125 Cr.P.C - Special jurisdiction is conferred on Family Court u/s 7 of Family Courts Act to deal with both the proceedings either u/s 18 of..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife - Wife left matrimonial home since she could not reside there due to particular circumstances prevailing - She thus, entitled to get maintenance...........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife - Husband had been employed in Saudi Arabia - However, actual income of husband is not fully established - It cannot be said that employment in Saudi Arabia is one of permanent nature so as to conclusively found income is static always - Wife got re-married therefore, entitlement of maintenance as far as..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to major unmarried daughter - No averment in application that daughter is unable to maintain herself or not attained majority - Daughter held, not entitled to get maintenance u/s 125 Cr.P.C - However, liberty is reserved in favour of daughter to take recourse to S.20(3) of Hindu Adoptions and Maintenance Act, if so..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance - Any one of several persons may be chosen for claiming maintenance - It is not obligatory on the part of claimant seeking maintenance to name all the persons having sufficient means to be proceeded against - In other words, it is for claimant to decide whether he/she wants maintenance from any one or all the..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance - Impleadment of a party - Impleadment is a concept of civil law - There is no provision in Cr.P.C. which enables a respondent to a proceedings to seek impleadment of some other person in the said proceeding...........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife - Maintenance is awarded on basis of financial capacity of husband and other relevant factors...........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife and daughter - Husband is earning Rs.5 lakhs p.m - No medical evidence on record that husband is handicapped and suffering from ailment of Rheumatoid Arthritis - Family Court rightly considered the income of husband and granted maintenance to wife and daughter...........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to daughter - Christian daughter is entitled to claim interim maintenance u/s 125 Cr.P.C...........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to unmarried daughter - Claim of daughter for maintenance is a pending consideration of Family Court - Whether daughter is entitled to claim interim maintenance under common law or u/s 125 Cr.P.C alone is a matter to be decided by Family Court at the time of final adjudication - Till such time original petition for..........