Muslim Women (Protection of Rights on Divorce) Act, 1986, Section 3(2), Family Courts Act, 1984, Section 7(1)(f) -- Jurisdiction - Enhancement of maintenance under 1986 Act - It is a proceeding for maintenance - Family Court has jurisdiction to decide it...........
Muslim Women (Protection of Rights on Divorce) Act, 1986, Section 3(2), Family Courts Act, 1984, Section 7(1)(f) -- Jurisdiction - Enhancement of maintenance under 1986 Act - Family Court has power to enhance maintenance to divorcee Muslim Woman even after lapse of sometime of passing of final order - However, there is no specific provision for maintenance to child under..........
Criminal Procedure Code, 1973, Section 127, 125 -- Enhancement of maintenance - Date from which payable - It is discretion of Court to enhance maintenance either from date of order or from date of application - In the instant case enhancement of maintenance made applicable from the date of application - No illegality in exercise of jurisdiction by trial Court in its..........
Hindu Marriage Act, 1955, Section 24 -- Maintenance pendente lite - Pre-existing order under Criminal Procedure Code for payment of maintenance, does not oust the jurisdiction of Civil Court to allow maintenance pendente lite u/s 24 of the Act...........
Maintenance and Welfare of Parents and Senior Citizens Act, 2007, Section 3 -- Protection of property of senior citizen - Jurisdiction of civil Court - Held, civil Court has been precluded from entertaining any matter qua which jurisdiction is vested under the Act and specifically bars granting any injunction...........
Maintenance and Welfare of Parents and Senior Citizens Act, 2007, Section 32, Constitution of India, 1950, Article 226 -- Protection of property of senior citizen - Writ jurisdiction - Held, if state fails to perform functions envisaged under an Act, it would certainly give rise to a jurisdiction to be exercised under Art.226 of Constitution of India - In present case,..........
Criminal Procedure Code, 1973, Section 125, Protection of Women From Domestic Violence Act, 2005, Section 18, 19, 20, 21 -- Residence order - Jurisdiction of Family Court - Petition filed by wife for grant of maintenance u/s.125 Cr.P.C. - No application made by wife praying for residence order - Held, remedies u/ss 18, 19, 20, 21 of Act could be sought by filing written..........
Family Courts Act, 1984, Section 10, Hindu Adoptions and Maintenance Act, 1956, Section 18 -- Maintenance - Charge over property situated within jurisdiction of another Court - Family Court having jurisdiction to decide the maintenance suit can create charge over the immovable property situated within the jurisdiction of another Court...........
Maintenance and welfare of Parent and Senior Citizens Act, 2007, Section 23, 4, 2(b), (d), (f), (h) -- Maintenance of parents and/or senior citizen - Son not taking sufficient and proper care of father - Father required property to maintain himself by generating earning/income from part of premises which were occupied by his son - Father requested son to hand over..........
Criminal Procedure Code, 1973, Section 125 -- Interim maintenance - Sessions Court in revisional jurisdiction reduced the interim maintenance - Revision there against - Record shows that there is some dispute over factual aspects which are required to be decided in trial Court and not in revisional forum - Held, trial Court directed to dispose of main case u/s 125 of the..........
