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...........
Specific Relief Act, 1963, Section 28 -- Decree for specific performance - Principles guiding the exercise of power u/s 28 of the Act are : (i) decree for specific performance of a contract is in the nature of a preliminary decree and therefore, till deed is executed pursuant to decree, Court that passed the decree is vested with jurisdiction to either rescind the..........
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...........
Negotiable Instruments Act, 1881, Section 138, 143A -- Dishonour of cheque - Interim compensation - While adjudicating an application u/s 143-A of the Act, Magistrate is required to record reasons while directing payment of interim compensation...........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife - Mere fact that wife is gainfully employed is not an absolute bar for awarding maintenance - Court must assess if income is sufficient to sustain a life style commensurate with that enjoyed in matrimonial home...........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife - Husband is a highly successful software engineer who was earning Rs.4,50,000 p.m - TDS records of husband demonstrate a substantial earning capacity - His professional qualifications and past lucrative income signify a continued capacity to meet matrimonial obligations - Wife is also earning - Interim..........
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..........
Criminal Procedure Code, 1973, Section 125, 128 -- (Bharatiya Nagarik Suraksha Sanhita, 2023, Ss.144, 147) - Enforcement of order passed u/s 125 Cr.P.C (S.144 BNSS) - Gram Nyayalaya has jurisdiction to try and decide applications and cases relating to maintenance under chapter IX Cr.P.C (Chapter X BNSS) - Nyayadhikari of Gram Nyayalaya, directed to decide pending execution..........
Bharatiya Nagarik Suraksha Sanhita, 2023, Section 144, 94 -- Maintenance to wife - Production of documents regarding service and income of wife - Documents sought by husband are relevant and have a direct bearing on fair adjudication and are certainly necessary and desirable for the purpose of trial - Husband specifically alleged that she is working in Hospital - Hospital..........
