Showing : 31-40 of 482 Results

KERALA HIGH COURT
Year of decision: 2019
Details
Civil Procedure Code, 1908, Order 39, Rule 2A, Guardians and Wards Act, 1890, Section 12-- Disobedience of order of Family Court - Custody of child - Order of Family Court passed u/s 12 of G & W Act, though being is in the nature of a directive and an interim order of mandatory injunction, cannot be enforced by invoking O.39.R.2-A CPC - Appropriate remedy is contained u/s 45(1) of G&W..........
CHHATTISGARH HIGH COURT
Year of decision: 2019
Details
Hindu Marriage Act, 1955, Section 24-- Maintenance pendente lite - Income of Husband assessed by Family Court as Rs.1,10,000 p.m - Husband not questioned the said income by filing separate petition or otherwise - Family Court ought to have granted 25% of total income as interim maintenance to wife - Wife held, entitled to Rs.27,500 p.m..........
KARNATAKA HIGH COURT
Year of decision: 2019
Details
Hindu Succession Act, 1956, Section 6-- Joint family Property - Notional partition - Right of daughter - Death of father of parties long ago prior to amendment being made to S.6 of the Act - Principle of notional partition would apply for the purpose of diving properties between legal representatives of father - They would get half..........
BOMBAY HIGH COURT
Year of decision: 2019
Details
Hindu Marriage Act, 1955, Section 13, 9, 21, 23A, Order 8, Rule 6A, Protection of Women From Domestic Violence Act, 2005, Section 18, 19, 20, 21, 22, 26, Family Courts Act, 1984-- Divorce petition filed in Family Court - Counter claim seeking relief under Hindu Marriage Act and Domestic Violence Act - Counter claim for such reliefs is maintainable in divorce petition filed in Family Court...........
KERALA HIGH COURT
Year of decision: 2019
Details
Family Courts Act, 1984, Section 14, Evidence Act, 1872, Section 65B(4)-- CD produced in absence of certification u/s 65-B(4) Evidence act - Admissibility - In view of overriding effect of S.14 of Family Court Act on rules of admissibility in Evidence Act, CD produced before Family Court is admissible in evidence, despite the fact that it was not certified as mandated..........
KERALA HIGH COURT
Year of decision: 2019
Details
Family Courts Act, 1984, Section 14-- Proof of document - A document merely marked with or without consent of opposite party in a proceeding before a Family Court is no proof at all unless the contents thereof are either admitted by adverse party or proved through the persons who can vouch for the truth of the facts...........
MADRAS HIGH COURT
Year of decision: 2018
Details
Family Courts Act, 1984, Section 7-- Jurisdiction of Family Court - Dissolution of marriage - Provisions contained under Hindu Marriage Act, Special Marriage Act, Christian Marriage Act and Divorce Act are not applicable to the case - It is thus, open to husband to invoke jurisdiction conferred upon Family Court u/s 7 of the Act by..........
SUPREME COURT OF INDIA
Year of decision: 2018
Details
Motor Vehicles Act, 1988, Section 166-- Accident - Compensation - Deductions - Deceased was working at Doha (foreign country) - Taking into account the high cost of living at Doha, as observed by High Court as well as fact that deceased was having his wife, two minor children and aged father as dependents and as there is no other..........
DELHI HIGH COURT
Year of decision: 2018
Details
Protection of Women From Domestic Violence Act, 2005, Section 19(f)-- Right of residence - Right of wife to reside in matrimonial home - Wife to show that husband has right in property - Property in question allotted to father of husband - Nothing on record that husband has any right or interest in subject property nor property in question is a joint family property..........
KERALA HIGH COURT
Year of decision: 2018
Details
Family Courts Act, 1984, Section 7(1)-- Family Court - Jurisdiction - Matrimonial relationship - If cause of action is emerging out of any circumstances related to matrimonial relationship and the same could not have existed independently, then suit can be maintained before Family Court u/s 7(1) Exp.(d) of the Act - It is not necessary..........

Showing : 31-40 of 482 Results