Hindu Marriage Act, 1955, Section 24 -- Maintenance pendente lite - No documentary evidence was produced before Family Court by husband nor by wife - Rs.80,000 was alleged by wife to be monthly income of husband, who having not produced his salary slip before Family Court - Husband has disclosed one payment advice in respect of gross salary i.e Rs.74,542.85 which is close..........
Constitution of India, 1950, Article 215, Contempt of Courts Act, 1971, Section 2(c), Hindu Marriage Act, 1955, Section 24 -- Contempt of court - There are repeated orders passed by Family Court as well as by this Court in respect of payment of maintenance - The Respondent has not fully complied with the said orders - However, when the matter was taken up, various..........
Hindu Marriage Act, 1955, Section 24 -- Interim maintenance - Non payment - In case proceedings are initiated by husband then Court can grant stay of further proceedings till the maintenance is paid - However, in case proceedings are initiated by wife then Court can strike off the defence of husband...........
Hindu Marriage Act, 1955, Section 24 -- Interim maintenance to husband - Wife produced income tax assessment of husband for the last four years - High Court in appeal cannot look into the material which is not produced in trial Court but High Court looked into the returns as matter involves payment of maintenance and wife did not have legal assistance before Family Court -..........
Criminal Procedure Code, 1973, Section 125, Hindu Marriage Act, 1955, Section 24, 25, Special Marriage Act, 1954, Section 36, 37, Hindu Adoptions and Maintenance Act, 1956, Section 18, 22, 23, 3(b), Protection of Women From Domestic Violence Act, 2005, Section 20 -- Maintenance - Quantum of maintenance - Criteria - (i) There is no straitjacket formula for fixing quantum of..........
Hindu Marriage Act, 1955, Section 24, 26 -- Maintenance pendente lite - Enhancement of - No evidence was brought on record by husband to establish actual income of wife - Husband is not discharging and taking responsibility to maintain his wife who is living independently from him with her children - He is thus, under an obligation to contribute amount for maintenance of..........
Hindu Marriage Act, 1955, Section 24 -- Maintenance pendente lite - Extension of time for payment - Husband contended that marriage between parties is itself is null and void as per observation of criminal Court, he is not liable to pay maintenance to wife - Contention rejected, as until and unless a competent civil Court passes a decree of divorce, observations made in..........
Hindu Marriage Act, 1955, Section 24 - - Wife and daughter are not staying with husband - Husband failed to produce any documentary evidence to establish that wife is a Government employee - He is not regular and is evading responsibility of making payment - Order of maintenance held, proper - Husband directed to clear all arrears of maintenance and continue to pay amount..........
Hindu Marriage Act, 1955, Section 11, 12, 24 -- Annulment of marriage - Striking off defence of husband - Non-payment of maintenance pendente lite - Defence of husband stands struck off because of no, payment of maintenance pendente lite and litigation expenses - There is thus, no evidence led by husband for purpose of seeking annulment of marriage - Judgment and decree..........
Hindu Marriage Act, 1955, Section 24 -- Maintenance pendente lite - True income of husband not disclosed by him - Husband contended that he would be earning Rs.10,000 only - However, it is not believable that husband who is maintaining a new car and has raised a loan for taking help of his parents to make payment of installments and carrying on a business, would be earning..........
