Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife - Mere capacity to earn does not disentitle a wife from maintenance - Court is entitled to take into account earning potential, qualifications and past employment while determining the quantum...........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife - Matrimonial relationship between parties subsisted for an extremely short duration of about 57 days - Family Court has properly assessed quantum of maintenance taking into account short duration of marriage, financial capacity and conduct of husband, qualifications and potential of wife and object of S.125..........
Civil Procedure Code, 1908, Order 23, Rule 1(3) -- Withdrawal of suit - Particulars in a suit as are required to be pleaded in terms of O.7.R.1 CPC, if are not correctly pleaded and for formal defect a suit may fail, then power is vested with Court to permit plaintiff to withdraw the suit...........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife - Interim maintenance - Income of husband - Court can draw adverse inference against a husband, who despite being given ample opportunities fails to file an affidavit disclosing his income and assets...........
Bharatiya Nagarik Suraksha Sanhita, 2023, Section 210 -- Cognizance of offence - Court cannot take cognizance after expiry of limitation period...........
Bharatiya Nagarik Suraksha Sanhita, 2023, Section 528 -- Quashing of proceedings - In a petition where quashing of FIR is prayed for, High Court should not have passed an order directing I.O. to comply with S.41-A Cr.P.C. because it indirectly amounts to granting a relief which High Court could have considered only if a prima facie case for quashing of FIR is made out...........
Hindu Marriage Act, 1955, Section 2(2) -- Applicability of Act - Adjudication of lis under the Act by Family Court without first framing and deciding foundational issue relating to statutory applicability renders the entire exercise jurisdictionally infirm warranting appellate interference...........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex parte decree - Setting aside - If ex-parte decree is passed on the basis of `refusal of notice' trial Court is duty bound to examine process server...........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex parte decree - Setting aside - Proof of service of summons is essential condition for proceeding ex-parte against concerned defendant - It was incumbent on part of trial Court to examine Process Server and witnesses of refused notice/summon on oath...........
Civil Procedure Code, 1908, Order 5, Rule 17, 19 -- Service of summons - In order to accept service as valid service particularly, when report is to the effect that respondent refused to accept summons then, it become duty of Court to examine Process Serving Officer if his report is not on affidavit - Even if Process Serving Officer gives his report on affidavit,..........
