Hindu Adoptions and Maintenance Act, 1956, Section 18 -- Maintenance - Jurisdiction - Wife living separately from her husband - Part of cause of action to claim maintenance arises at such place - Court at such place has territorial jurisdiction to entertain the proceedings...........
Hindu Marriage Act, 1955, Section 25(2) -- Permanent alimony and maintenance - Jurisdiction - By agreement, jurisdiction of the court created by statute, cannot be taken away - If any agreement comes in conflict with any valid statute or its provision that becomes unlawful agreement and void as per S.23 of Contract Act, 1872...........
Hindu Marriage Act, 1955, Section 25(1) -- Maintenance - Quantum - Mutual agreement for divorce and quantum of maintenance - Compromise decree passed - Held, even if agreement relating to quantum may be part of settlement but when the decree was passed on adopting the said settlement, it becomes the order u/s 25(1) of H.M.Act, 1955 - And where permanent alimony is not paid..........
Hindu Minority and Guardianship Act, 1956, Section 6, Guardians and Wards Act, 1890, Section 7, 17 -- Custody of children - Children British citizens by birth brought in India by their mother - Mother initiated matrimonial proceedings in India but making no efforts to obtain interim order for custody of children - Father on the other hand obtained interim order of custody..........
Hindu Marriage Act, 1955, Section 24 -- Maintenance pendente lite - Pre-existing order under Criminal Procedure Code for payment of maintenance, does not oust the jurisdiction of Civil Court to allow maintenance pendente lite u/s 24 of the Act...........
Family Courts Act, 1984, Section 10, Hindu Adoptions and Maintenance Act, 1956, Section 18 -- Maintenance - Charge over property situated within jurisdiction of another Court - Family Court having jurisdiction to decide the maintenance suit can create charge over the immovable property situated within the jurisdiction of another Court...........
Hindu Adoptions and Maintenance Act, 1956, Section 18, Transfer of Property Act, 1882, Section 100, Civil Procedure Code, 1908, Section 16 -- Maintenance - Charge - Creation of charge when none of the plaint schedule properties are within the limits of the Court - Court has no jurisdiction to grant such charge over properties situated outside its territorial jurisdiction...........
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..........
Hindu Marriage Act, 1955, Section 25, Criminal Procedure Code, 1973, Section 125 -- Permanent alimony - Grant of maintenance u/s 125 Cr.P.C. has no impact on jurisdiction of matrimonial Court to grant such alimony as it considers relevant to the facts and circumstances of the case...........
Family Courts Act, 1984, Section 7, Hindu Marriage Act, 1955, Section 25, 26 -- Maintenance - Jurisdiction of Family Court - Court exercising jurisdiction under the Act may at the time of passing of the decree or at any time subsequent thereto, on application made to it, pass an order of maintenance...........
