Hindu Marriage Act, 1955, Section 24 -- Maintenance pendente lite - Husband and wife living separately since 2008 - Wife is maintaining herself for the last 12 years and never claimed any maintenance - She is highly qualified doctor - She has not disclosed the earnings and financial status of her parents who are said to have supported her for last ten years - Husband is..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 498A, 323 -- Quashing of proceedings - Compromise - Matrimonial offence - Husband and wife entered upon compromise in which husband agreed not to repeat such acts or bear any enmity against wife in future - Wife stated that since husband is only earning member of their family and they have a small..........
Employee's Compensation Act, 1923, Section 3, 4 -- Accident - 60% disability - Compensation - Medical Board constituted pursuant to order passed by High Court examined injured employee after a period of approximately 9 years from date of accident - However, at the relevant time employer did not make any application before Commissioner to constitute Medical Board -..........
Civil Procedure Code, 1908, Section 24 -- Transfer of matrimonial case - At the instance of wife - While considering transfer of matrimonial case at the instance of wife, Court is to consider family condition of wife, custody of minor child, economic condition of wife, her physical health and earning capacity of husband and most important, convenience of wife i.e she..........
Criminal Procedure Code, 1973, Section 125 -- Interim maintenance - Husband intentionally did not produce his three years bank account statement showing his financial status - It is thus, presumed that he was having a good financial status - Even, considering husband as an unskilled labourer, his earning is more than Rs.12,000/- p.m - Moreover, husband is an able bodied..........
Indian Penal Code, 1860, Section 279, 304A -- Rash and negligent driving - Accident occurred in 2015 - Accused has already undergone 1 month and 10 days of actual custody out of entire sentence awarded to him - He never misused concession of bail/suspension of sentence - Accused is 46 years of age and has one child who is not earning and he is sole bread winner in the..........
Protection of Women From Domestic Violence Act, 2005, Section 12, 23 -- Interim maintenance - Mere fact that wife is earning and is Income Tax Payee, does not disentitle her to claim maintenance - Income Tax returns of wife shows that she has declared total annual income of Rs.81,000/- which works out to less than Rs.7,000/- p.m. - Wife is entitled to the same standard of..........
Delhi Prison Rules, 2018, Rule 1225 -- Grant of Furlough - The Director General of Prisons passed, an impugned order that the appellant had not earned the last 3 Annual good conduct reports - The expressions employed in Clause (I) of Rule 1223 are that the prisoner ought to maintain `Good conduct in the prison and should have earned rewards in last 3 Annual good conduct..........
Hindu Marriage Act, 1955, Section 24 -- Maintenance pendente lite - Wife professional doctor - Wife left her job with the private hospital before entering into wedlock - Wife at the time of passing impugned order of interim maintenance not gainfully employed and husband earning considerably - Merely because there is likelihood of earnings of wife being a professional..........
Hindu Marriage Act, 1955, Section 25 -- Permanent alimony - Husband did not adduce any evidence that wife is earning and has sufficient means to maintain herself and her daughter - However, it is undisputed fact that wife is running a beauty parlour, which is a profitable business - If at all wife has no means to maintain herself and her daughter, she would have claimed..........
