Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife - Wife is a qualified medical professional possessing skills and expertise of a radiologist and had previously been gainfully employed for several years - Her professional qualifications and past employment clearly demonstrates that she has substantial earning capacity and is capable of engaging herself in..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife - Wife is a qualified medical professional possessing skills and expertise of a radiologist and had previously been gainfully employed for several years - Held, considering salary of husband, professional qualifications and earning capacity of wife, maintenance reduced from Rs.18,000 to 12,000 p.m from date..........
Evidence Act, 1872, Section 45, 112 -- DNA test - Paternity of children - Divorce proceedings - Husband disputes the paternity of children in order to prove that wife is in adulteration - Children are not party to divorce proceedings and are not claiming any maintenance from father - In order to prove that wife is in adulteration, husband has to adduce evidence in any..........
Bharatiya Nagarik Suraksha Sanhita, 2023, Section 144 -- Maintenance to minor child - Impleadment of a party - There is no specific provision in Cr.P.C. enabling impleadment of a party in the manner contemplated U.O.1.R.10 CPC...........
Bharatiya Nagarik Suraksha Sanhita, 2023, Section 144 -- Maintenance to minor child - Merely because mother of minor child is also earning does not absolve father from his statutory obligation to maintain child...........
Bharatiya Nagarik Suraksha Sanhita, 2023, Section 144 -- Maintenance to minor child - Liability of father to maintain his minor child is a legal and moral obligation - Father cannot seek to avoid or postpone such liability by insisting that mother must first be impleaded as party to proceedings...........
Bharatiya Nagarik Suraksha Sanhita, 2023, Section 144 -- Maintenance to minor child - When both parents are earning members, responsibility of maintaining child is a shared and joint responsibility...........
Maintenance and welfare of Parent and Senior Citizens Act, 2007, Section 22 -- Property of senior citizen - Disputes as to title and possession of suit property - Authorities under the Act are not meant to adjudicate upon disputes relating to title and possession of immovable properties, more particularly when parties are not related to each other - Such disputes can only..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife - Maintenance should allow wife to maintain a reasonable standard of living but should not be excessive or encourage idleness...........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife - Maintenance is always dependent on factual situation of case and Court would be justified in moulding claim for maintenance passed on various factors...........