Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife and minor daughter - Remand of case to SDJM by High Court - Validity - Respondent is legally wedded wife of appellant, as per finding recorded by High Court - It is thus, not proper to remand the matter to SDJM for further inquiry and instead should have fixed maintenance payable by husband to wife in..........
Maintenance and Welfare of Parents and Senior Citizens Act, 2007, Section 22, 23 -- Senior citizen - Ex parte eviction order - Senior citizen is 70 years old and proved to be owner of property in question - He categorically took stand that petitioners being son, grandson and grand daughter-in-law were habitual of using filthy language and even resorted to giving him..........
Protection of Women From Domestic Violence Act, 2005, Section 23 -- Interim maintenance - Trial Court asked parties to file affidavits of their income, expenditure, assets and liabilities to enable him to effectively adjudicate application u/s 23 of the Act - Said procedure cannot be held to be violative of principles of natural justice, as both parties have adequate..........
Hindu Marriage Act, 1955, Section 25 -- Permanent alimony - Husband admitted that he is earning Rs.27 lacs p.a - Whereas, wife is earning Rs.6.4 lacs p.a - Court below rightly awarded Rs.20 lacs as a whole towards permanent alimony, as it would be befitting to status of wife, had she been living with her husband before decree of divorce was passed - No interference..........
Indian Penal Code, 1860, Section 497 - - Husband made allegation against her wife having illicit affair with accused - However, husband left India after 1 year of marriage and wife was residing alone and he never took care of his wife - Evidence is totally silent that husband after went to Italy had ever given any monetary support to wife or tried to get her VISA -..........
Protection of Women From Domestic Violence Act, 2005, Section 12 -- Interim maintenance - Jurisdiction - Issue of jurisdiction dealt with in most cursory manner without looking into material adduced on record by husband - Wife served in the present case at a address in a different district - Husband also placed on record certain documents, perusal of which shows that at..........
Maintenance and Welfare of Parents and Senior Citizens Act, 2007, Section 22 -- Eviction order against daughter-in-law - Daughter-in-law instituted proceedings u/s 498-A IPC against petitioners - In order to defeat clam of daughter-in-law in such proceedings as also to prejudice proceedings under Protection of Women from Domestic Violence Act, proceedings under 2007 Act..........
Maintenance and welfare of Parent and Senior Citizens Act, 2007, Section 23 -- Cancellation of transfer deeds - Specific condition that basic amenities would be provided to parent need not be incorporated in transfer deeds - It is deemed to be read into it...........
Maintenance and welfare of Parent and Senior Citizens Act, 2007, Section 23 -- Cancellation of transfer deeds - Property of senior citizen - Mother executed two transfer deeds in favour of her daughter/petitioner - However, after transfer deeds having been executed, mother was left with no option but to leave village and to stay with her son - Specific averments in the..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife and child - Serious allegations of cruelty - Even if there is no evidence on record to prove domestic violence caused to wife by husband, still husband is liable to pay maintenance to child...........
