Protection of Women From Domestic Violence Act, 2005, Section 23 -- Interim maintenance - Qualification of wife and capacity to earn cannot be a ground to deny interim maintenance to wife who is dependant and does not have any source of income - Impugned order set aside - Matter remitted for decision afresh...........
Protection of Women From Domestic Violence Act, 2005, Section 23, 12 -- Interim maintenance - Order of interim maintenance can be passed without seeking domestic incidents report referred to in proviso to S.12 of the Act as said provision relates to a final order - S.23 of the Act is not subject to S.12 of the Act...........
Protection of Women From Domestic Violence Act, 2005, Section 23 -- Interim maintenance - Mere fact that wife is earning does not absolve husband of his responsibility to maintain his three minor daughters...........
Protection of Women From Domestic Violence Act, 2005, Section 23 -- Interim maintenance - Wife admittedly taking care of not only her two biological daughters but also younger daughter of husband from his previous marriage - Husband concealed his income and expenditure for purposes of avoiding to pay any maintenance to daughters - Prima facie evidence on record shows that..........
Protection of Women From Domestic Violence Act, 2005, Section 23 -- Interim maintenance - Rationale for grant of maintenance u/s 125 Cr.P.C. applies on all fours to the grant of maintenance under DV Act...........
Protection of Women From Domestic Violence Act, 2005, Section 23 -- Interim maintenance - At the stage of assessment of interim maintenance, Court has to only form a prima facie opinion...........
Protection of Women From Domestic Violence Act, 2005, Section 23 -- Interim maintenance - Husband engaged in several businesses having turnover of Rs.50 Lakh to Rs.One Crore per annum - Regular medical expenditure being incurred by wife on her daughter who is living with her is approximately Rs.5,000 pm besides her educational expenses and other day-to-day expenditure -..........
Protection of Women From Domestic Violence Act, 2005, Section 23(1) -- Interim maintenance is fixed on taking prima facie view of matter - Serious disputed questions of facts raised at that stage requiring evidence cannot be gone into - Unless undisputed evidence is produced by husband clearly establishing that wife is gainfully employed, relief of interim maintenance..........
Protection of Women From Domestic Violence Act, 2005, Section 23(1) -- Interim maintenance - Where there is a dispute as to whether wife is gainfully employed or not, Court cannot assume that because she is educated or was employed prior to her marriage, she would be gainfully employed...........
Protection of Women From Domestic Violence Act, 2005, Section 23(1) -- Interim maintenance - No material produced by husband either before trial Court, Appellate Court or before High Court to show that wife in fact had secured any employment or was receiving any salary or income - Pleas raised by husband would be required to be established at trial - Till, husband..........
