Protection of Women From Domestic Violence Act, 2005, Section 12 -- Interim maintenance - Challenge thereto - Stay of operation of order - There cannot be generalized direction not to stay the operation of the interim maintenance order solely on the ground that the revisionist did not deposit the entire amount of awarded maintenance - Of course, if otherwise the factual..........
Protection of Women From Domestic Violence Act, 2005, Section 23 -- Interim maintenance - Claimed by transgender who performed surgery to change gender to a female - Petitioner has Sweet Shops and Snack Center and he is getting income of Rs.25,000 to 30,000 per day and also have immovable properties - Interim maintenance of Rs.12,000 p.m. rightly granted...........
Protection of Women From Domestic Violence Act, 2005 -- Proceedings under the Act - Depriving appellant of interim maintenance - Order set aside...........
Hindu Marriage Act, 1955, Section 24, Protection of Women From Domestic Violence Act, 2005, Section 12 -- Interim maintenance - Wife entitled to claim maintenance under two different enactments - Only rider would be that amount would not overlap and it would be inclusive of maintenance under each jurisdiction and not exclusive...........
Protection of Women From Domestic Violence Act, 2005, Section 23(2), 28 -- Interim maintenance - Default in payment - Striking off defence - Wife is a dependent unemployed woman and husband has ability to maintain her - Interim maintenance was awarded in 2018 by trial Court but not a single month's maintenance is paid so far - Failure on the part of husband to pay interim..........
Protection of Women From Domestic Violence Act, 2005, Section 12, 23 -- Interim maintenance - Mere fact that wife is earning and is Income Tax Payee, does not disentitle her to claim maintenance - Income Tax returns of wife shows that she has declared total annual income of Rs.81,000/- which works out to less than Rs.7,000/- p.m. - Wife is entitled to the same standard of..........
Protection of Women From Domestic Violence Act, 2005, Section 2(f) -- Domestic relationship - Husband was in a relationship with wife as he married her - Question whether marriage would be void or not is a matter of trial - Even otherwise, there is no dispute to the fact that till the time wife was residing with husband, she was in a `domestic relationship' with him in a..........
Protection of Women From Domestic Violence Act, 2005, Section 12 -- Interim maintenance - Enforcement of order passed u/s 12 of the Act - Parties have to file an application before jurisdictional Magistrate for enforcement of order passed u/s 12 of the Act and Magistrate may for every breach of the order, issue a warrant for levying the amount due in the manner provided..........
Protection of Women From Domestic Violence Act, 2005, Section 12 -- Interim maintenance - Petitioner and respondent are residing together for last 5 years in a live-in-relationship and are now getting married to each other - Materials in the form of photographs and other documents showing that they have married each other, is produced - School records of child shows that..........
Protection of Women From Domestic Violence Act, 2005, Section 12 -- Interim maintenance - Wife is unable to maintain herself and her minor daughter - Husband being an able bodied young man stated to be working as Granthi having gone to Canada twice and statedly given Car and other valuable articles in dowry - Maintenance @ Rs.5000/- pm to wife and Rs.3000/- pm to minor..........
