Protection of Women From Domestic Violence Act, 2005, Section 23 -- Interim maintenance - Wife admittedly taking care of not only her two biological daughters but also younger daughter of husband from his previous marriage - Husband concealed his income and expenditure for purposes of avoiding to pay any maintenance to daughters - Prima facie evidence on record shows that..........
Protection of Women From Domestic Violence Act, 2005, Section 23 -- Interim maintenance - Rationale for grant of maintenance u/s 125 Cr.P.C. applies on all fours to the grant of maintenance under DV Act...........
Protection of Women From Domestic Violence Act, 2005, Section 23 -- Interim maintenance - At the stage of assessment of interim maintenance, Court has to only form a prima facie opinion...........
Protection of Women From Domestic Violence Act, 2005, Section 23 -- Interim maintenance - Husband engaged in several businesses having turnover of Rs.50 Lakh to Rs.One Crore per annum - Regular medical expenditure being incurred by wife on her daughter who is living with her is approximately Rs.5,000 pm besides her educational expenses and other day-to-day expenditure -..........
Civil Procedure Code, 1908, Order 23, Rule 3 -- Compromise - Joint family property - Property inherited from father by his sons becomes joint family property in the hands of sons - Sons sold the property to defendant with clause of re-conveyance in the event of further sale - Property further sold by defendant - If subject property stands reassumed in its original..........
Land Acquisition Act, 1894, Section 23, 18 -- Acquisition of land - Compensation - Enhancement of - Valuation report prepared by witness on behalf of claimants - High Court mechanically accepted the subject valuation report merely because valuation report of same witness came to be accepted by Supreme court in other reference proceedings - No proper analysis of oral..........
Protection of Women From Domestic Violence Act, 2005, Section 23 -- Maintenance to divorced wife - Domestic relationship between husband and wife very much alive when wife made complaint of domestic violence - Order of maintenance and rent for alternative accommodation was passed in favour of wife will continue unless and until there is change in circumstances as mentioned..........
Maintenance and Welfare of Parents and Senior Citizens Act, 2007, Section 23, 6 -- Gift deed by senior citizen in favour of son - Setting aside without affording opportunity to cross examine senior citizen - Mother forced to leave the house - Vague denying of allegations - Until son raises a dispute on these issues, Maintenance Tribunal had no option but to accept the..........
Protection of Women From Domestic Violence Act, 2005, Section 23(1) -- Interim maintenance is fixed on taking prima facie view of matter - Serious disputed questions of facts raised at that stage requiring evidence cannot be gone into - Unless undisputed evidence is produced by husband clearly establishing that wife is gainfully employed, relief of interim maintenance..........
Protection of Women From Domestic Violence Act, 2005, Section 23(1) -- Interim maintenance - Where there is a dispute as to whether wife is gainfully employed or not, Court cannot assume that because she is educated or was employed prior to her marriage, she would be gainfully employed...........
