Civil Procedure Code, 1908, Section 24, Hindu Marriage Act, 1955, Section 9 -- Transfer of petition u/s 9 of Hindu Marriage Act filed by Husband at place `B' to place `S' - Petition filed by wife u/s 13 of Hindu Marriage Act, pending at place `S' - Petition pending before Family Court at place `B' is transferred to District Judge at place `S' - Application allowed...........
Hindu Marriage Act, 1955, Section 24, Civil Procedure Code, 1908, Order 11, Rule 12, 14 -- Maintenance pendente lite - Production of documents of income of husband - For deciding application u/s 24 of Hindu Marriage Act, documents pertaining to income of husband are relevant - Furthermore children of parties are also entitled to enjoy the same status which they would have..........
Hindu Marriage Act, 1955, Section 24, 26 -- Interim maintenance to child - No such provision u/s 24 of the Act - However, Court in exercise of power u/s 26 of the Act can always grant interim order for maintenance and education of the minor child...........
Hindu Marriage Act, 1955, Section 24 -- Maintenance pendente lite - Wife averred that she has no source of income whereas she was being paid fellowship by the University Grants Commission - Stand taken by wife was false to her knowledge - Sufficient material on record to show that wife had adequate source of income, whereas there was no material placed on record to..........
Hindu Marriage Act, 1955, Section 24 -- Maintenance pendente lite - Marriage declared null and void - Appeal by wife thereagainst - Claim of wife for maintenance pendente lite is maintainable in such an appeal...........
Hindu Marriage Act, 1955, Section 24 -- Maintenance pendente lite - Appellant Court is competent to make an order of maintenance pendente lite as appeal is continuation of the proceedings of which decree is assailed...........
Hindu Marriage Act, 1955, Section 24 -- Maintenance pendente lite - Wife having no source of income - Husband contended that he has no income as he is already out of service and is unemployed - However, husband being an able bodied man is capable to earn minimum wages and thereby can spare Rs.3000 pm as interim maintenance - Husband directed to pay a sum of Rs.3000/- p.m...........
Hindu Marriage Act, 1955, Section 24 -- Maintenance pendente lite - Maintenance can be granted u/s 125 Cr.P.C. and u/s 24 Hindu Marriage Act and under Domestic Violence Act - Maintenance cannot be claimed in all the three provisions at a time if she/he gets sufficient maintenance in one of the proceedings...........
Hindu Marriage Act, 1955, Section 24 -- Maintenance pendente lite - Wife already getting Rs.10,000/- as maintenance under PWDV Act - However, wife not getting any amount to meet out expenses of proceeding - Counsel fee quantified at Rs.10,000/- and miscellaneous expenses at Rs.5000/- - Application u/s 24 of the Act partly allowed directing husband to pay Rs.15,000/- to..........
Hindu Marriage Act, 1955, Section 24 -- Maintenance pendente lite - Husband alleges that he is unemployed - However, it is unacceptable that husband who is 26 years old and holding a degree in BBA continues to remain unemployed - Affidavit of assets, income and expenditure filed by husband is found to be extremely ambiguous - Except for writing "NA" in most of columns..........
