Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife - Proof of valid marriage - Strict standard of proof of marriage is not necessary in proceedings u/s 125 Cr.P.C. - When parties live together as husband and wife, there is presumption that they are legally married couple for claim of maintenance u/s 125 Cr.P.C. - In the instant case parties resided together..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife - Wife can claim maintenance to meet out routine expenses - Such maintenance may also cover expenses incurred towards medical treatment - Obligation of husband to pay such expenses cannot be deferred...........
Hindu Marriage Act, 1955, Section 13B, Constitution of India, 1950, Article 142 -- Divorce by mutual consent - Divorce petition allowed to be converted into divorce petition by mutual consent and divorce granted on execution of consent terms in between the parties - One of the consent terms was non claim of maintenance for the minor child by wife - Held, wife can give up..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife - Wife is working as teacher in a private reputed school - Claim of wife for grant of maintenance pendente lite already considered in application filed by her u/s 24 of Hindu Marriage Act - Maintenance rightly denied to wife...........
Hindu Marriage Act, 1955, Section 24, Civil Procedure Code, 1908, Section 11 -- Interim maintenance - Second application - Applicability of constructive res judicata - In the earlier application wife demanded only litigation expense and there was no demand for interim maintenance - Demand of interim maintenance for herself and for child in the second application - Plea..........
Civil Procedure Code, 1908, Order 23, Rule 3 - - Compromise through power of attorney - Validity - Fraud and misrepresentation - Matrimonial dispute - Circumstances if any supporting allegations of fraud and misrepresentation were not brought on record by any evidence by wife - Wife alleges that compromise was formulated in such a manner as to make out that none of her..........
Protection of Women From Domestic Violence Act, 2005, Section 12, 19 -- Domestic violence - Right of residence and maintenance - Shared household - Wife entitled to claim residence in shared household only if she establishes domestic violence - Since there is no evidence to prove domestic violence, wife not entitled to right of residence - However, child has to be paid..........
Hindu Marriage Act, 1955, Section 13 -- Divorce - Petition by wife - Husband is ready and willing for dissolution of his marriage with wife on the condition that she would not ask to pay amount towards permanent alimony or towards maintenance pendente lite - Wife on the other hand also stated that she would not claim either maintenance pendente lite, permanent alimony or..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance - Both parties gave up their rights to claim maintenance against each other in a consent decree - An agreement, in which wife gives up or relinquishes her right to claim maintenance at any time in the future, is opposed to public policy - Such an agreement, even if voluntarily entered, is not enforceable - Same does..........
Protection of Women From Domestic Violence Act, 2005, Section 12 -- Complaint u/s 12 of the Act - Quashing of complaint - Barred by limitation - Non-providing of maintenance is a continuous cause of action - Even if for 3 years wife did not claim maintenance for herself or for child, same would not debar her from seeking maintenance u/s 12 of the Act - Complaint held,..........
