Protection of Women From Domestic Violence Act, 2005, Section 12 -- Proceedings for maintenance remained pending for a decade - Maintenance is payable from date of order...........
Protection of Women From Domestic Violence Act, 2005, Section 12 -- Domestic violence - Maintenance to wife - Once marriage inter-se husband and wife is not in dispute, rather stands admitted by husband as well as in-laws, wife being legally wedded wife of husband is entitled to seek maintenance under the Act, subject to her proving domestic violence, if any, committed..........
Protection of Women From Domestic Violence Act, 2005, Section 12 -- Domestic violence - Maintenance to wife - Wife successfully proved on record that husband as well as her in-laws repeatedly tortured her physically and mentally for bringing less dowry - She also proved that she was given beatings by husband as well as her in laws - Husband is working in Indian Army and..........
Protection of Women From Domestic Violence Act, 2005, Section 23 -- Interim maintenance - Stridhan, inherited property or gifts received by a woman from her parents or relatives cannot be construed as a source of income so as to defeat her claim for maintenance...........
Protection of Women From Domestic Violence Act, 2005, Section 23 -- Interim maintenance - Claim for maintenance must be assessed with reference to her present earning capacity and ability to sustain herself in the standard of living she was accustomed to during her marriage and not on the financial status of her natal family...........
Protection of Women From Domestic Violence Act, 2005, Section 23 -- Interim maintenance - Financial position of parents of wife is immaterial in determining quantum of maintenance...........
Protection of Women From Domestic Violence Act, 2005, Section 23 -- Interim maintenance - Mere fact that wife is educated or has some source of income does not by itself, disentitle her from seeking maintenance...........
Protection of Women From Domestic Violence Act, 2005, Section 23 -- Interim maintenance - Wife's educational qualifications or notional earning potential cannot by itself, constitute a valid ground to deny her interim maintenance...........
Protection of Women From Domestic Violence Act, 2005, Section 23 -- Interim maintenance - While adjudicating issue of maintenance to be granted to a wife, Court takes into consideration not only income and assets of husband from regular sources but also earnings and profits derived from any family business in which he has a share or interest - This includes profits,..........
Protection of Women From Domestic Violence Act, 2005, Section 23 -- Interim maintenance - Maintenance is not to be determined by arithmetic precision but by ensuring that dependent spouse can live with reasonable comfort, consistent with status enjoyed during matrimony...........
