Civil Procedure Code, 1908, Section 24 -- Transfer of domestic violence complaint - Husband sought transfer of domestic violence complaint to be heard along with divorce case filed by him - Where proceedings between same parties involving common questions of fact and law are pending before different Courts in close proximity, it is desirable that they be tried together by..........
Civil Procedure Code, 1908, Order 11, Rule 14 -- Production of documents - O.11.R.14 CPC empowers a party to seek production of documents in the possession, custody or power of the opposite party, if such documents relate to matters in question in the suit - The Court must ensure that this right is exercised in a manner that is proportionate and does not permit undue..........
Civil Procedure Code, 1908, Section 24 -- Transfer of matrimonial case - Petition by wife - Wife is presently residing with her family at the place where Court `Y' is situated - It is very difficult for wife to travel approximately 250 kms on each and every date of hearing to attend the proceeding initiated by husband before Court `X' - Case transferred to Court at place..........
Civil Procedure Code, 1908, Order 7, Rule 14(3), Family Courts Act, 1984, Section 14 -- Production of documents - Petitioner is seeking to place on record two letters and whatsapp chats and oral conversations downloaded from mobile belonging to respondent - However, as regarding two letters, no foundation has been laid and that there is no whisper about same in entire..........
Protection of Women From Domestic Violence Act, 2005, Section 18, 19, 20, 21, 22 -- Petition u/ss 18 to 22 of the Act - Order passed by trial Magistrate - Appeal thereagainst - Such an order can be assailed in the manner as provided under Code of Criminal Procedure or Family Court Act, as the case may be, and not in the manner as provided under D.V. Act...........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife and child - Husband has admitted in his affidavit to having a share in certain ancestral properties from which rental income is derived - Even if husband contends that income is received by his mother and that his share is minimal, it is also established that he resides in a joint family setup and is not..........
Indian Penal Code, 1860, Section 498A, 377, 34, Dowry Prohibition Act, 1961, Section 3, 4, Criminal Procedure Code, 1973, Section 482 -- Offence u/ss 498-A, 377, 34 IPC and 3, 4 DP Act - Quashing of FIR and proceedings - Settlement - Both husband and wife settled their dispute before Family Court by entering into a memorandum of understanding/consent terms, based on which..........
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..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to son - Date of payment of maintenance - Family court awarded maintenance of Rs.4,000 per month from the date of order - However, maintenance is required to be paid from the date of filing of application as the period during which maintenance proceedings remains pending is not in the hand of applicant - Maintenance..........
Criminal Procedure Code, 1973, Section 205, Indian Penal Code, 1860, Section 498A, 323, 406, 504, 506, Dowry Prohibition Act, 1961, Section 3, 4 -- Dispensing with personal attendance of accused - Cruelty - Dowry demand - Allegations against husband and his family members - Wife alleged that she was subjected to cruelty in respect of unlawful demand of dowry - There are..........
