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 24 -- Maintenance pendente lite - Object of S.24 of the Act is to ensure that a party, who lacks sufficient means, is not rendered incapable of effectively participating in matrimonial proceedings...........
Hindu Marriage Act, 1955, Section 24 -- Maintenance pendente lite - Court to first decide petition u/s 24 of the Act and thereafter proceed with divorce case...........
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..........
Civil Procedure Code, 1908, Section 24 -- Transfer of petition u/s 9 of Hindu Marriage Act - Wife has been residing separately along with her children at her parents house and she has instituted two cases against husband there - In matrimonial proceedings convenience of wife has to be taken into consideration than that of inconvenience of husband - Petition filed by..........
Civil Procedure Code, 1908, Section 24 -- Transfer of petition filed u/s 12 of Hindu Marriage Act - Wife has been residing separately and depending upon mercy of her parents at Rajahmundry - She has instituted two criminal cases against husband in Rajahmundry and also filed a Domestic Violence Case and same are pending for adjudication and husband also attending the Court..........
Hindu Marriage Act, 1955, Section 24 -- Maintenance pendente lite - Mere fact that wife filed application for maintenance pendente lite only after husband filed petition seeking divorce, cannot be a valid ground to deny maintenance, particularly in view of fact that application u/s 24 of the Act, is maintainable during pendency of petition...........
Hindu Marriage Act, 1955, Section 24 -- Maintenance pendente lite - Wife though worked before her marriage in the year 2009 and for some time in Singapore, however, there is no material to prove that she refused to work despite opportunity or she resigned from job though she was getting a good salary - In absence thereof, wife should not have been denied maintenance -..........
Hindu Marriage Act, 1955, Section 24 -- Maintenance pendente lite - Object of awarding interim maintenance is to ensure that wife has sufficient income to enable her to maintain herself and said sustenance is not mere survival, but should be on same lines of a comfortable lifestyle that she would have had in matrimonial home...........
Hindu Marriage Act, 1955, Section 24 -- Maintenance pendente lite - Wife is a Director of a Company and is also a Doctor who has been receiving regular dividends - Fact that wife has received substantial monies for last three financial years is also not in dispute - Husband has stated that he is willing to meet educational expenses of his son and is also willing to pay the..........
