Hindu Adoptions and Maintenance Act, 1956, Section 18, Transfer of Property Act, 1882, Section 39 -- Maintenance to wife - Charge created over husbands property - Mortgage executed by husband over one of the properties - Held, S.39 TPA will take care of situation and that cannot by itself defeat the rights of wife...........
Hindu Adoptions and Maintenance Act, 1956, Section 18 -- Maintenance to wife - Wife leaving matrimonial home - Allegation is that husband used to beat her - One cannot look for corroboration for what happened within four walls of a home - First Appellate Court ought to have accepted the evidence of wife...........
Hindu Adoptions and Maintenance Act, 1956, Section 18 -- Maintenance to wife - Wife leaving matrimonial home - Wife not well educated woman and she is only a homemaker and not otherwise employed - If such a person is leaving matrimonial home, then, there must be certainly some solid justification for the same...........
Hindu Adoptions and Maintenance Act, 1956, Section 18 -- Maintenance to wife - Wife leaving matrimonial home - If a woman after 15 years of marital life and having no other support, leaves matrimonial home, Court must presume in her favour that she had a legitimate reason for doing so...........
Protection of Women From Domestic Violence Act, 2005, Section 23, Criminal Procedure Code, 1973, Section 125 -- Interim monetary relief u/s 23 of PWDV Act - Adjustment of amount of maintenance granted u/s 125 Cr.P.C - Wife was awarded maintenance in a proceeding u/s 125 Cr.P.C - Husband thus, entitled to have adjustment of amount of maintenance already paid by him to..........
Protection of Women From Domestic Violence Act, 2005, Section 23 -- Interim monetary relief u/s 23 of PWDV Act - Wife in a proceeding u/s 125 Cr.P.C was held to be legally wife of husband - There exists domestic relationship between parties - Husband failed and neglected to provide maintenance to wife which is obviously instances of economic abuse and accordingly domestic..........
Hindu Adoptions and Maintenance Act, 1956, Section 18 -- Divorced wife - Not entitled to claim maintenance u/s 18 of the Act...........
Hindu Marriage Act, 1955, Section 24 -- Maintenance pendente lite - Wife deserting husband - Not a ground to deny maintenance pendente lite...........
Hindu Marriage Act, 1955, Section 24 -- Maintenance pendente lite - No evidence on record to establish that wife has her own source of income - Husband though denied his sources of income as alleged by wife but it was not even case of husband that he has no source of income whatsoever - Amount of Rs.4000/- pm as maintenance pendente lite, determined by Family Court along..........
Criminal Procedure Code, 1973, Section 125 -- Interim maintenance to wife - It is for wife to establish that husband was earning some amount from business of his father and that even after death of husband's father, business was continued by family members - In absence of same, fixing of salary of husband at Rs.30,000 pm by Family Court and awarding Rs.12,500 for wife and..........
