Protection of Women From Domestic Violence Act, 2005, Section 12 -- Interim maintenance - Grant of Rs.2.50 lakhs by trial Court - Appellate Court reduced it to Rs.50,000/- per month - Both trial Court and Appellate Court arrived at a figure of maintenance on the basis of affidavits filed by both the parties along with their respective documents - In such circumstances..........
Protection of Women From Domestic Violence Act, 2005, Section 23, 29, Criminal Procedure Code, 1973, Section 125, 399, 401 -- Order granting interim maintenance u/s 23 of PWDV Act and S.125 Cr.P.C. - Appeal u/s 29 of PWDV Act and revision u/ss 399, 401 Cr.P.C respectively is maintainable against said order and will be heard without any pre-condition of deposit of arrears..........
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..........
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..........
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..........
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 completely..........
Protection of Women From Domestic Violence Act, 2005, Section 23 -- Interim maintenance - Income tax returns of husband taken into consideration while granting interim maintenance - Wife having degree and preparing for Phd. - Without evidence being led by parties, conclusion about their income cannot be drawn - But looking to necessity to meet day to day expenses by wife,..........
Protection of Women From Domestic Violence Act, 2005, Section 12, 17, 18, 19, 20, 22 -- Domestic violence - Interim maintenance - No Domestic Incident Report either from Protection Officer or from Service Provider was received by Magistrate - In such circumstances, when there was no report before Magistrate to consider, then there was no illegality, impropriety or..........
Protection of Women From Domestic Violence Act, 2005, Section 12, 23 -- Domestic violence - Interim maintenance - Court below while passing order u/s 23 of the Act, considered all facts specifically regarding education, nourishment and transportation etc. - Order also containing clause that in case wife getting maintenance in any other proceedings, then same will be..........
Criminal Procedure Code, 1973, Section 125, Protection of Women From Domestic Violence Act, 2005, Section 20 -- Interim maintenance - Petition u/s 125 Cr.P.C. and PWDV Act simultaneously - Maintainability - Provisions of Cr.P.C. and PWDV Act are different in nature for different cause and purpose - Moreover, they are not substitute to each other but they are in addition to..........
