Criminal Procedure Code, 1973, Section 125, Hindu Marriage Act, 1955, Section 24, 25, Special Marriage Act, 1954, Section 36, 37, Hindu Adoptions and Maintenance Act, 1956, Section 18, 22, 23, 3(b), Protection of Women From Domestic Violence Act, 2005, Section 20 -- Maintenance of minor children - Living expenses of the child would include expenses for food, clothing,..........
Criminal Procedure Code, 1973, Section 125, Hindu Marriage Act, 1955, Section 24, 25, Special Marriage Act, 1954, Section 36, 37, Hindu Adoptions and Maintenance Act, 1956, Section 18, 22, 23, 3(b), Protection of Women From Domestic Violence Act, 2005, Section 20 -- Maintenance - Serious disability or ill health of a spouse, child/children from the marriage/dependent..........
Criminal Procedure Code, 1973, Section 125, Hindu Marriage Act, 1955, Section 24, 25, Special Marriage Act, 1954, Section 36, 37, Hindu Adoptions and Maintenance Act, 1956, Section 18, 22, 23, 3(b), Protection of Women From Domestic Violence Act, 2005, Section 20 -- Maintenance - Date from which payable - Maintenance be awarded from the date on which application was made..........
Criminal Procedure Code, 1973, Section 125, Hindu Marriage Act, 1955, Section 24, 25, Special Marriage Act, 1954, Section 36, 37, Hindu Adoptions and Maintenance Act, 1956, Section 18, 22, 23, 3(b), Protection of Women From Domestic Violence Act, 2005, Section 20 -- Maintenance - Enforcement of order of maintenance - Order or decree of maintenance may be enforced like a..........
Protection of Women From Domestic Violence Act, 2005, Section 23 -- Mother-in-law is being dragged into proceedings on account of her volunteering to fund education of her granddaughters for first two years - Said act of mother-in-law is voluntary act and thus, she cannot be roped into these proceedings...........
Protection of Women From Domestic Violence Act, 2005, Section 23 -- Interim maintenance - Husband was working as a junior Executive and his salary was Rs.12,000 - No material produced by wife that income of husband was Rs.65,000 pm as alleged by her - Family Court thus, rightly awarded interim maintenance @ Rs.4,000 pm to wife...........
Protection of Women From Domestic Violence Act, 2005, Section 20, 21, 22, 23 -- Divorced wife - If an act of domestic violence is committed by husband, subsequent decree of divorce will not absolve liability of husband from offence committed or to deny benefit to which aggrieved person is entitled under the Act including monetary relief u/s 20 of the Act, child custody u/s..........
Protection of Women From Domestic Violence Act, 2005, Section 23 -- Interim maintenance - Where husband is in business and dealing in cash, it will be difficult to establish his earning - However, Court can assess income by taking into consideration standard of living and what he was earning before separation of wife...........
Protection of Women From Domestic Violence Act, 2005, Section 23 -- Interim maintenance - Husband is in car trading business and in addition he is looking after family business - He is thus, earning at least Rs.50,000 to 1 lakh p.m - Since, respondent is his legally wedded wife, husband is duty bound to maintain her as per his status - Interim maintenance enhanced from..........
Protection of Women From Domestic Violence Act, 2005, Section 12, 23 -- Domestic violence - Interim maintenance - Wife has made out a prima facie case that there was domestic violence - Even concurrent findings of facts recorded by Courts below that wife is entitled for interim maintenance - These findings appears to be in consonance with material placed on record - No..........
