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...........
Protection of Women From Domestic Violence Act, 2005, Section 23 -- Interim maintenance - An able-bodied husband is presumed capable of earning sufficiently to maintain his dependents and it is for him to place credible material before Court to show genuine inability to discharge this obligation...........
Protection of Women From Domestic Violence Act, 2005, Section 23 -- Interim maintenance - Wife is presently unemployed and financially dependent - Her standard of living during marriage was evidently high and she cannot be expected to compromise her standard of living merely because husband seeks to downplay or obscure his own financial capacity - Husband belongs to a..........
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...........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife - Earlier marriage of wife continued to subsist at the time of her marriage with opposite party/husband - Mere fact that wife resided with opposite party for nearly ten years and relationship may appear akin to marriage, yet such cohabitation does not confer legal status of a wife u/s 125 Cr.P.C. - Wife does..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife - Subsistence of first marriage of wife - Wife admits her subsisting marriage with her earlier husband and there is no decree of divorce - Plea of wife that she acted on basis of mutual settlement and notarized deed cannot confer her legal status, particularly when she herself initiated divorce proceedings..........
