Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife and daughter - Husband is earning Rs.5 lakhs p.m - No medical evidence on record that husband is handicapped and suffering from ailment of Rheumatoid Arthritis - Family Court rightly considered the income of husband and granted maintenance to wife and daughter...........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to daughter - Christian daughter is entitled to claim interim maintenance u/s 125 Cr.P.C...........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to unmarried daughter - Claim of daughter for maintenance is a pending consideration of Family Court - Whether daughter is entitled to claim interim maintenance under common law or u/s 125 Cr.P.C alone is a matter to be decided by Family Court at the time of final adjudication - Till such time original petition for..........
Criminal Procedure Code, 1973, Section 125 -- Interim maintenance - When high end luxurious cars owned by husband cannot be disputed, prima facie valuation put forth by wife, in absence of denial thereto without any material, on oath by husband, can be taken as base to determine interim maintenance...........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife - Income tax returns subsequent to the filing of application of maintenance cannot be considered for determining interim maintenance...........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife - Adultery - Allegation that wife leads adulterous life is required to be proved by leading cogent evidence - Mere production of photographs that too before High Court will not suffice to assert that wife leads adulterous life and therefore she is not entitled to maintenance - Wife rightly awarded..........
Hindu Marriage Act, 1955, Section 24 -- Maintenance pendente lite - Husband and wife living separately since 2008 - Wife is maintaining herself for the last 12 years and never claimed any maintenance - She is highly qualified doctor - She has not disclosed the earnings and financial status of her parents who are said to have supported her for last ten years - Husband is..........
Hindu Marriage Act, 1955, Section 24, Protection of Women From Domestic Violence Act, 2005, Section 12 -- Interim maintenance - Wife entitled to claim maintenance under two different enactments - Only rider would be that amount would not overlap and it would be inclusive of maintenance under each jurisdiction and not exclusive...........
Hindu Marriage Act, 1955, Section 24 -- Interim maintenance - Husband continues to work as not in dispute as per impugned order of granting maintenance to wife - Moreover, if husband is an able bodied man, it is his duty to maintain his wife - Interim maintenance rightly granted to wife...........
Hindu Marriage Act, 1955, Section 24 -- Maintenance pendente lite - Posting of letter of appointment for job on social media by wife, which she later claims to be fake, is not sufficient to make out a case with regard to employment of wife, particularly when there is no concrete proof of actual employment...........
