Criminal Procedure Code, 1973, Section 125 -- Maintenance - Should mirror the life style of wife during period of their married life...........
Maintenance and welfare of Parent and Senior Citizens Act, 2007, Section 20, 21 -- Obstruction caused by neighbour in construction of a gate on the petitioner's property - Dispute does not come within the purview of the Act...........
Protection of Women From Domestic Violence Act, 2005, Section 12, 18, 19, 20, 22 -- Interim maintenance - Domestic Violence Act does not distinguish between a first or subsequent marriage for the purpose of entitlement to maintenance...........
Protection of Women From Domestic Violence Act, 2005, Section 12, 18, 19, 20, 22 -- Interim maintenance - Grant of 12,000/- p.m. which was later enhanced to Rs.33,000/- p.m. payable from the date of filing of application - In appeal the amount was enhanced to Rs.1,00,000 per month - Plea that wife is capable of earning - While capacity to earn may be a relevant factor, it..........
Criminal Procedure Code, 1973, Section 125 -- Interim maintenance to child - Order granting maintenance passed without there being any affidavit of disclosure of assets and liabilities on record - Nothing on record to show that requirement of filing such an affidavit was dispensed by trial Court - Order granting maintenance set aside - Matter remanded back to trial Court..........
Protection of Women From Domestic Violence Act, 2005, Section 23 -- Interim maintenance - Marriage between parties has been declared null and void by declaratory decree - It shall relate back to date of marriage - Once marriage of parties itself has been declared void-ab-initio, subsequent relationship between parties is of no consequence - Since there is no relationship..........
Will -- Suspicious circumstances - Property was allotted in favour of plaintiff and maintenance right was given in favour of testatrix - Testatrix was not having any absolute right to convey any document in favour of defendant - She was unable to hear and see and the same is admitted by DW2, who drafted the Will as well as GPA - Will rightly discarded being surrounded..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to divorced Muslim wife - Husband alleged that he had divorced his wife by pronouncing triple talaq in the presence of one witness in one sitting - However, neither triple talaq is valid form of divorce nor husband had paid single money to his wife during her iddat period - Further husband admitted that he has not..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to Muslim wife - Adulterous wife - Husband neither filed any complaint against the wife's alleged lover nor produce any evidence to show wife is presently living with her lover - Wife is entitled to maintenance...........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to Muslim wife - First marriage - Quantum of maintenance - Husband works as a laborer and has 4 dependents including his first wife & her son `D' - Further, family court had already imposed maintenance of 4,000 per month toward `D' - Wife is entitled to maintenance of Rs.2,000 per month from date of filing of..........
