Indian Penal Code, 1860, Section 457, 380, 188, Criminal Procedure Code, 1973, Section 482 -- Offence u/Ss.457, 380, 188 IPC - Quashing of FIR - Allegations made in complaint and other material on record suggested that goods belonging to complainant have been removed from demise premises - Even, goods which were source of foul smell were removed from premises but other..........
Hindu Marriage Act, 1955, Section 25 -- Permanent alimony - Both the parties are working and earning well for themselves - Considering facts and circumstances of case including financial status of parties who are both working professionals and other attendant factors, sum of Rs.25 lakhs is just and reasonable towards full and final settlement including permanent alimony...........
Protection of Women From Domestic Violence Act, 2005, Section 23 -- Interim maintenance - Claim for maintenance must be assessed with reference to her present earning capacity and ability to sustain herself in the standard of living she was accustomed to during her marriage and not on the financial status of her natal family...........
Protection of Women From Domestic Violence Act, 2005, Section 23 -- Interim maintenance - Maintenance is not to be determined by arithmetic precision but by ensuring that dependent spouse can live with reasonable comfort, consistent with status enjoyed during matrimony...........
Hindu Marriage Act, 1955, Section 25 -- Permanent alimony - Considering the facts and circumstances of case, socio-economic status of parties, amount of Rs.5,00,000 as one time settlement in favour of wife shall serve the purpose of equity and meet the ends of justice - Husband directed to pay said amount as permanent alimony to wife...........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife - Earlier marriage of wife continued to subsist at the time of her marriage with opposite party/husband - Mere fact that wife resided with opposite party for nearly ten years and relationship may appear akin to marriage, yet such cohabitation does not confer legal status of a wife u/s 125 Cr.P.C. - Wife does..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife - Subsistence of first marriage of wife - Wife admits her subsisting marriage with her earlier husband and there is no decree of divorce - Plea of wife that she acted on basis of mutual settlement and notarized deed cannot confer her legal status, particularly when she herself initiated divorce proceedings..........
Hindu Marriage Act, 1955, Section 11 -- Void marriage - Both the parties stand married in law at the time of their alleged second marriage - Marriage contracted during lifetime of a spouse is void ab initio and such a union cannot create legal status of husband and wife...........
Agreement to sell -- Dismissal of suit for specific performance - Appeal - In a suit for specific performance concerning an immovable property, if relief sought is not granted and aggrieved party appeals, then an application seeking to maintain status quo filed before appellate Court cannot be dismissed solely because suit for specific performance stood dismissed...........
Civil Procedure Code, 1908, Section 151, Order 39, Rule 2A -- Status quo order - Disobedience - Petitioner failed to prove by leading any convincing evidence that construction was raised by respondents after passing of order of status quo - There is thus, no violation of status quo order - Application rightly dismissed...........
