Protection of Women From Domestic Violence Act, 2005, Section 23, 29, 43 -- Maintenance - Ex parte interim maintenance - Appeal and not revision against the order is maintainable...........
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..........
Criminal Procedure Code, 1973, Section 125,127,482 -- Interim maintenance - Revision against - Revision petition be entertained only when husband deposits the entire arrears of interim maintenance upto the date of filing of the revision petition...........
Criminal Procedure Code, 1973, Section 125(1) -- (As amended by Amendment Act 50 of 2001) - Hindu Marriage Act, 1955, S.24 - Interim maintenance u/s 24 the HM Act and S.125 Cr.P.C. - Nature of proceedings - Held, when once main proceedings are disposed of awarding of interim maintenance u/s 24 of HM Act will cease to have any effect except for recovery of any arrears of..........
Hindu Marriage Act, 1955, Section 24 -- (As amended in 1976), Family Courts Act, 1984, S.19(5) - Maintenance pendente lite - Right of appeal against interim orders has been expressly taken away by Amending Act - Interim order are amenable to writ jurisdiction under Article 227 of the Constitution of India - If a civil revision has been filed, the same can be converted into..........
Family Courts Act, 1984, Section 19(4), Criminal Procedure Code, 1973, Section 125 -- Maintenance petition u/s 125 Cr.P.C. - Refusal to grant interim maintenance - Writ petition thereagainst - Order refusing to grant interim maintenance cannot be treated as interlocutory order - Criminal revision can be preferred thereagainst - Liberty granted to convert writ petition into..........
Protection of Women From Domestic Violence Act, 2005, Section 23, 29, Criminal Procedure Code, 1973, Section 397(2) -- Interim maintenance - Granted to prevent the child going into vagrancy because of lack of funds - Order upheld by Sessions Judge - Held, revision not maintainable before High Court...........
Criminal Procedure Code, 1973, Section 125 -- Interim maintenance - Mentally challenged minor son - Interim maintenance granted Rs.5, 000/- per month - Revision for enhancement - Dismissed by High Court - Plea that interim maintenance granted by Magistrate is inadequate from the point of view of need of appellant and income of respondent - Interim maintenance increased to..........
Civil Procedure Code, 1908, Section 115 -- Revision - Jurisdiction - Interim order granting maintenance - Appeal against - Dismissed as not maintainable - Revision - Remand requested - Could not be considered in revision...........
Criminal Procedure Code, 1973, Section 125, 482 -- Interim maintenance - Second marriage - Son from previous marriage adopted - Courts below denied maintenance to wife as dissolution of her previous marriage was yet to be established on evidence and allowed Rs.400/- p.m. alongwith Rs.800/- as costs of litigation expenses to son - Held, order passed by Courts below neither..........
