Showing : 11-20 of 325 Results

MADHYA PRADESH HIGH COURT
Year of decision: 2018
Details
Hindu Marriage Act, 1955, Section 24-- Maintenance pendente lite - Claimed by Muslim wife - Both the parties are Muslim and are governed by their personal law - Provisions of Hindu Marriage Act being a special provision would not be applicable to Muslim parties - However, if the Muslim Wife wants interim maintenance then she is..........
MADHYA PRADESH HIGH COURT
Year of decision: 2018
Details
Civil Procedure Code, 1908, Section 151, Hindu Marriage Act, 1955, Section 24-- Interim maintenance - Claimed by Muslim wife - Provision of Hindu Marriage Act not applicable to Muslim parties - So far as S.151 CPC is concerned, it provides only for procedural law and not for substantive rights - No order of maintenance can be passed u/s 24 of Hindu Marriage Act r/w S.151 CPC...........
RAJASTHAN HIGH COURT
Year of decision: 2018
Details
Criminal Procedure Code, 1973, Section 125(4)-- Interim maintenance - Challenge to - On ground that wife herself has withdrawn from the company of husband without any sufficient cause - Ex-parte decree u/s 9 of Hindu Marriage Act, 1955 against wife - Held, ex-parte judgment and decree of restitution of conjugal rights is not binding, when wife..........
BOMBAY HIGH COURT
Year of decision: 2018
Details
Criminal Procedure Code, 1973, Section 125, Protection of Women From Domestic Violence Act, 2005, Section 26, 20(1)(b)-- Maintenance - Adjustment of amount awarded under provisions of Act of 2005 - Though there may not be any express provision u/s 125 Cr.P.C., it may not be impermissible to take into account maintenance or interim maintenance, if any, already awarded to aggrieved person under provisions of Act of..........
BOMBAY HIGH COURT
Year of decision: 2018
Details
Criminal Procedure Code, 1973, Section 125, Protection of Women From Domestic Violence Act, 2005, Section 26, 20(1)(b)-- Maintenance - Adjustment of amount awarded under provisions of PWDV Act - Interim maintenance awarded under PWDV Act is not in addition to amount already granted in any other civil or criminal proceeding, same is certainly liable to be adjusted against amount of maintenance finally awarded u/s 125..........
DELHI HIGH COURT
Year of decision: 2018
Details
Criminal Procedure Code, 1973, Section 125-- Interim maintenance to wife - Plea of husband of no source of income - Ipso facto does not absolve him of his moral duty to maintain his wife in presence of good physique alongwith educational qualification...........
DELHI HIGH COURT
Year of decision: 2018
Details
Criminal Procedure Code, 1973, Section 125-- Interim maintenance to wife - Husband being able-bodied person is duty bound to maintain his wife who is unable to maintain herself under personal law arising out of marital status and is not under contractual obligation...........
DELHI HIGH COURT
Year of decision: 2018
Details
Criminal Procedure Code, 1973, Section 125-- Interim maintenance to wife - Non-providing of sustenance amount for period of more than 7 years - Ipso facto indicates negligence on part of husband...........
BOMBAY HIGH COURT
Year of decision: 2018
Details
Protection of Women From Domestic Violence Act, 2005, Section 20, 26-- Interim maintenance - During pendency of proceedings relating to dissolution of marriage under Dissolution of Muslim Marriage Act - Maintainability - Claim of interim maintenance filed by wife cannot be said to be completely alien to provisions under which she has approached Court by way of main..........
BOMBAY HIGH COURT
Year of decision: 2018
Details
Protection of Women From Domestic Violence Act, 2005, Section 20, 26-- Interim maintenance - Divorced Muslim wife - Husband pronounced Talaq - However, factum of Talaq not proved by husband and merely because Talaqnama is tendered in Court, marriage cannot be said to have been dissolved - Even otherwise, if marriage between parties is dissolved, husband cannot..........

Showing : 11-20 of 325 Results