Criminal Procedure Code, 1973, Section 125 -- Interim maintenance - Educated wife - Deliberate attempt to remain unemployed - Mere assertion of job seeking without corroborative evidence is insufficient to establish genuine efforts at self sufficiency - In the instant case there is prima facie evidence suggesting deliberate avoidance of employment by wife - Interim..........
Criminal Procedure Code, 1973, Section 125 -- Interim maintenance - Educated wife - A well-educated wife, with experience in a suitable gainful job, ought not to remain idle solely to gain maintenance from her husband - Interim maintenance rightly denied to wife...........
Civil Procedure Code, 1908, Order 18, Rule 3, 4 -- Recording of evidence through video conferencing - Matrimonial dispute - Wife is residing in USA and because of her nature of job, she was unable to come to India for her evidence - Dismissal of application without giving any reasons - Impugned order set aside - Application allowed...........
Civil Procedure Code, 1908, Section 24 -- Transfer of divorce petition and petition for custody of child - Both the parties have filed rival guardianship petitions which are still pending and they are being pursued by parties - Mere fact that FIR has been got registered by husband against brother of wife, solely taking place of such single incident, does not ipso facto..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance - Well educated wife - Wife can support herself financially by doing a suitable job - Wife was doing job earlier - Wife was jobless at the time of filing of application for grant of maintenance but she was having definite prospect to work and earn her livelihood - Taking into consideration that husband has a..........
Motor Vehicles Act, 1988, Section 166 -- Accident - Compensation - Appellant was apparently a carpenter - Carpentry is a skilled job - It would be unfair to classify a carpenter as an unskilled worker - Minimum wages as applied to skilled person is to be taken for the purposes of calculation of compensation as on relevant date would be Rs.8337.10 - Since the percentage of..........
Motor Vehicles Act, 1988, Section 166 -- Accident - Determination of permanent disability - Appellant was a diamond cutter by profession - He suffered a complete loss of vision in one eye in the accident - Diamond cutting, is a task of immense skill which involves a great degree of precision and exactitude - Main process of cleaving and sawing clearly can be completed only..........
Hindu Adoptions and Maintenance Act, 1956, Section 20 -- Maintenance to wife and children - Wife is not earning and is residing separately with children - Consequently, a reasonable and sufficient amount is required for maintenance to plaintiffs including their education and medical expenses - Husband was working as a software engineer in USA at the time of filing of..........
Motor Vehicles Act, 1988, Section 166 -- Accident - 100% permanent disability - Age of appellant at the time of accident was 37 years - Computation of future prospects is to be done as per Pranay Sethi case - Since appellant had a permanent job, addition of 50% of actual salary to the income of appellant towards loss of future prospects ought to be calculated...........
Hindu Marriage Act, 1955, Section 25 -- Permanent alimony - Both husband and wife are in Government job and working as primary School Teacher and both are on the same status - No child has been blessed from nuptial bliss - Therefore, wife has no right to receive any permanent alimony as contemplated u/s 25 of the Act...........
