Criminal Procedure Code, 1973, Section 125 -- Maintenance - Striking off defence invoking jurisdiction U.O.6.R.16 CPC or u/s 151 CPC - Such power is available to Court exercising civil jurisdiction and it is alien to Criminal Courts...........
Criminal Procedure Code, 1973, Section 125 -- Non payment of interim maintenance - Defence cannot be struck off in proceedings u/s 125 Cr.P.C...........
Family Courts Act, 1984, Section 7, Criminal Procedure Code, 1973, Section 125 -- Maintenance u/s 125 Cr.P.C. - While entertaining such a petition Family Court has to function as a Criminal Court in accordance with procedure prescribed under the Code of Criminal Procedure...........
Hindu Marriage Act, 1955, Section 13(1)(ib) -- Divorce - Desertion - Petition by husband - Allegation that wife left his company for about 5 years back and has never tried to return to her marital house to join company of husband - However, ingredients of animus deserendi on the part of wife are not proved - Rather it was husband who failed to bring her back to marital..........
Hindu Marriage Act, 1955, Section 24, Civil Procedure Code, 1908, Order 9, Rule 7 -- Ex parte maintenance order passed u/s 24 of Hindu Marriage Act in proceedings u/s 9 of Hindu Marriage Act - Application to set aside order proceeding ex parte - Held, O.9.R.7 CPC do not apply for interference with the final order passed in proceeding u/s 24 of the Act...........
Maintenance and welfare of Parent and Senior Citizens Act, 2007, Section 23 -- Cancellation of gift deed - Executed in favour of Gurudwara - Property of senior citizen - Suit property was situated near Gurudwara and was left locked from outside - Brother of senior citizen executed gift deed of suit property in favour of Gurudwara - Senior citizen was not aware about gift..........
Maintenance and welfare of Parent and Senior Citizens Act, 2007, Section 23 -- Property of senior citizens - Eviction of son and daughter-in-law - There is no specific procedure prescribed under the Act and Rules for evicting any person who has allegedly occupied immovable property of a senior citizen illegally and has thereby put a senior citizen to mental torture -..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife - Adultery - One or two lapses from virtue of a wife are insufficient to hold that wife is living in adultery...........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife - Involvement of a wife in lapses of virtue will not disqualify her from entitlement to claim maintenance u/s 125 Cr.P.C...........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife - Living in adultery - Commission of adultery and living in adultery have its own connotations and each has to be established by cogent evidence...........
