Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty - Petition by husband - Husband contended that wife lodged complaints against him - However, it is only to protect her interest and to ensure that jewels given by her parents are safe and in the interest of child - Family Court had directed maintenance to be paid - This fact itself would show that husband had..........
Hindu Marriage Act, 1955, Section 24 -- Maintenance pendente lite - Qualified wife - Where a qualified wife is capable of earning more than enough through the use of her expertise and still refrains from doing so only to impose a burden upon her husband, in such a situation Courts can deny maintenance u/s 24 of the Act...........
Criminal Procedure Code, 1973, Section 125, Hindu Marriage Act, 1955, Section 24 -- Maintenance granted to wife u/s 125 Cr.P.C. and maintenance pendente lite u/s 24 of Hindu Marriage Act - Determination of maintenance u/s 125 Cr.P.C. being a final adjudication on entitlement and quantum of maintenance based on appreciation of evidence assumes primacy over any interim..........
Hindu Marriage Act, 1955, Section 25 -- Permanent alimony - Having considered the living standard and financial resources of parties and their liabilities lump sum amount of Rs.10,00,000 as full and final settlement against permanent alimony for wife and daughter would be just and fair arrangement - Said amount shall include amount of pendente lite maintenance, during..........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty - Petition by wife - Conduct of husband i.e repeated non-appearance before Courts, persistent non-payment of maintenance amount, deliberate violation of judicial directions and total abandonment of legal proceedings, has subjected wife to prolonged mental agony, financial distress, and social humiliation -..........
Hindu Marriage Act, 1955, Section 13(1)(ib) -- Divorce - Cruelty - Petition by husband - Complaints alleging sexual harassment against father-in-law, domestic violence against husband and his parents and maintenance petition filed against husband, filed one after the other with improvement and embellishment indicates that wife who had finally left matrimonial home under..........
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..........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty - Non-deposit of arrears of maintenance by husband - Defence of husband struck off - Allegations of cruelty made by wife accepted - Divorce granted...........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife - Grant of about 25% of net salary of husband - Order challenged on the ground that wife herself deserted husband - Unless husband is able to get a declaration in his favour in Matrimonial Case filed u/s 9 of Hindu Marriage Act and wife fails to justify her desertion, any challenge to maintenance order is..........
Criminal Procedure Code, 1973, Section 125(4) -- Maintenance to wife - Concealment of factum of previous marriage of husband - Marriage not declared nullity - In the absence of same denial of relief of maintenance on the incorrect assumption of applicability of S.12(1)(c) of Hindu Marriage Act, 1955, is illegal and perverse...........
