Civil Procedure Code, 1908, Order 23, Rule 1(3) -- Withdrawal of suit - Particulars in a suit as are required to be pleaded in terms of O.7.R.1 CPC, if are not correctly pleaded and for formal defect a suit may fail, then power is vested with Court to permit plaintiff to withdraw the suit...........
Protection of Women From Domestic Violence Act, 2005, Section 23 -- Interim maintenance - Stridhan, inherited property or gifts received by a woman from her parents or relatives cannot be construed as a source of income so as to defeat her claim for maintenance...........
Protection of Women From Domestic Violence Act, 2005, Section 23 -- Interim maintenance - Claim for maintenance must be assessed with reference to her present earning capacity and ability to sustain herself in the standard of living she was accustomed to during her marriage and not on the financial status of her natal family...........
Protection of Women From Domestic Violence Act, 2005, Section 23 -- Interim maintenance - Financial position of parents of wife is immaterial in determining quantum of maintenance...........
Protection of Women From Domestic Violence Act, 2005, Section 23 -- Interim maintenance - Mere fact that wife is educated or has some source of income does not by itself, disentitle her from seeking maintenance...........
Protection of Women From Domestic Violence Act, 2005, Section 23 -- Interim maintenance - Wife's educational qualifications or notional earning potential cannot by itself, constitute a valid ground to deny her interim maintenance...........
Protection of Women From Domestic Violence Act, 2005, Section 23 -- Interim maintenance - While adjudicating issue of maintenance to be granted to a wife, Court takes into consideration not only income and assets of husband from regular sources but also earnings and profits derived from any family business in which he has a share or interest - This includes profits,..........
Protection of Women From Domestic Violence Act, 2005, Section 23 -- Interim maintenance - Maintenance is not to be determined by arithmetic precision but by ensuring that dependent spouse can live with reasonable comfort, consistent with status enjoyed during matrimony...........
Protection of Women From Domestic Violence Act, 2005, Section 23 -- Interim maintenance - An able-bodied husband is presumed capable of earning sufficiently to maintain his dependents and it is for him to place credible material before Court to show genuine inability to discharge this obligation...........
Protection of Women From Domestic Violence Act, 2005, Section 23 -- Interim maintenance - Wife is presently unemployed and financially dependent - Her standard of living during marriage was evidently high and she cannot be expected to compromise her standard of living merely because husband seeks to downplay or obscure his own financial capacity - Husband belongs to a..........
