Hindu Marriage Act, 1955, Section 24 -- Maintenance pendente lite - Enhancement - Income of husband - Lower Court treated income of husband as that of a casual laborer i.e. Rs.10,000/- p.m. - However, it is beyond comprehension as how a person who claims to have no means of subsistence is maintaining a 10 years old car - Income of husband presumed to be not less than..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife - Sufficiently earning wife - Wife is drawing salary at a higher rate than that of husband - She is not entitled to maintenance from husband - Impugned order of granting maintenance to wife set aside - However, husband directed to pay Rs.10,000/- monthly maintenance each to two children...........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife - To grant maintenance, Court has to consider the status of couple - Even a divorced wife is entitled to live to the status of husband...........
Criminal Procedure Code, 1973, Section 125 -- Maintenance - Divorced wife entitled to get maintenance from her husband...........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife and child - No evidence produced by husband that marriage is not legally valid - Allegation against wife that she married twice and she has not obtained divorce from her earlier husbands not proved, as no evidence adduced by husband to substantiate the same - Husband also contended that respondent no.2 is..........
Protection of Women From Domestic Violence Act, 2005, Section 12, 19, 20 -- Maintenance - Live-i, relationship - Applicant and respondent held themselves to world as husband and wife for a period of approximately 15 years - They shared common household - It was never the case of applicant that she was married to respondent/husband - There was economic exchange between them..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife and children - Wife turned out of her matrimonial home along with her children and forced to live separately from the last 15 years - Since then they are living in virtual dereliction - Even though order of maintenance passed way back in the year 2011 but husband not paid a single penny to his wife and..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife - Wife failed to join husband in spite of there being order passed u/s 9 of Hindu Marriage Act - Thus, she is not entitled to maintenance u/s 125 Cr.P.C. - Application rightly dismissed qua wife...........
Hindu Marriage Act, 1955, Section 24 -- Maintenance pendente lite - Wife is entitled to maintenance pendente lite in all proceedings arising out of Hindu Marriage Act - Fact that wife is capable of earning and is doing some constructive work for earning will not ipso facto disentitle her for maintenance pendente lite as she has to be maintained commensurate with the status..........
Criminal Procedure Code, 1973, Section 125(4) -- Maintenance to wife - Adultery - Husband has no personal knowledge about involvement of wife in adultery, as he himself admitted that he came to know about said fact from village gentries - Even mother of wife deposed about the same, but no evidence on record to prove said fact - It cannot be said that husband has..........
