Protection of Women From Domestic Violence Act, 2005, Section 23 -- Interim maintenance - In the absence of cogent proof of wife being gainfully employed or earning a sufficient income to maintain herself, bald allegation that wife is earning through private tuitions, without any documentary proof does not disentitle her from getting an award of interim maintenance...........
Protection of Women From Domestic Violence Act, 2005, Section 23 -- Interim maintenance - Husband undermining his income to avoid paying maintenance of appropriate amount to wife - Courts below have rightly taken into account that income of husband dipped around the time of filing of complaint and thus, guessed his income on the basis of partnership business and other..........
Consumer Protection Act, 1986, Section 23 -- Allotment of plot - Non-delivery of possession - Deficiency in service - Complainant delayed making balance payment for over five years - This delay was largely due to complainant's requests for a waiver of interest, which contributed significantly to delay in finalizing the transaction - Though, complainant is entitled to a..........
Maintenance and welfare of Parent and Senior Citizens Act, 2007, Section 23 -- Cancellation of settlement deed - Even though there is no specific condition in settlement deed to show that petitioner shall maintain the senior citizen, complaint is very much maintainable u/s 23 of the Act...........
Maintenance and welfare of Parent and Senior Citizens Act, 2007, Section 23 -- Cancellation of settlement deed - Mere fact that civil suit for cancellation of settlement deed is filed, it cannot be said that complaint in question is not maintainable, particularly when such suit was filed after lodging of complaint in question...........
Maintenance and welfare of Parent and Senior Citizens Act, 2007, Section 23 -- Property of senior citizen - Eviction of son and daughter-in-law - Marital discord is ongoing between son and daughter-in-law which is a constant source of discomfort and stress for mother and her husband - Though one year later daughter-in-law filed complaint under Domestic violence Act,..........
Civil Procedure Code, 1908, Order 23, Rule 1A -- Transposition of defendant as plaintiff - Plaintiff not abandoned or withdrawn the suit - There is no question of transposition of defendant as plaintiff - However, if at any stage, plaintiff seeks to withdraw or abandon the claim or is not conducting the suit further, then at that stage, it will be open for trial Court to..........
Protection of Women From Domestic Violence Act, 2005, Section 23 -- Interim maintenance - Date from which payable - Interim maintenance granted to wife is ordinarily to be granted with effect from the date of filing application for such maintenance...........
Protection of Women From Domestic Violence Act, 2005, Section 23 -- Interim maintenance - Date from which payable not mentioned - On an application filed by wife, it was ordered that interim maintenance is payable from the date of application - Magistrate has powers to take supplementary measures and pass the impugned order and it does not amount to review of order...........
Protection of Women From Domestic Violence Act, 2005, Section 12, 23 -- Interim maintenance to wife and two daughters - Elder daughter attained majority and her marriage was solemnized on the behest of husband - Husband cannot be fastened with such an obligation - However, maintenance @ Rs.5,000 each to wife and other daughter is proper...........
