Hindu Marriage Act, 1955, Section 24 -- Maintenance pendente lite - Wife is qualified Chartered Accountant and is in profession since 2003 - Wife not entitled to interim maintenance as she has sufficient means to maintain herself...........
Hindu Marriage Act, 1955, Section 24 -- Maintenance pendente lite - Wife having financial capacity to maintain herself - Wife is not entitled to maintenance pendente lite...........
Civil Procedure Code, 1908, Section 24, Hindu Marriage Act, 1955, Section 13 -- Transfer of case - Divorce petition - High Court committed error while transferring divorce petition from `S' to `B' in favour of wife, particularly when husband is taking care of child who is nine years old and is suffering from malignant disease - High Court should have used its discretion in..........
Hindu Marriage Act, 1955, Section 24 -- Maintenance pendente lite - Capacity of the other party to earn cannot be taken into consideration while deciding the application u/s 24 of the Act - It is only the actual earning of opposite party on the basis of which relief can be granted - Permanent income and not casual income is relevant...........
Hindu Marriage Act, 1955, Section 24 -- Maintenance pendente lite - Object of S.24 of the Act is to provide for maintenance pendente lite to a spouse in a matrimonial proceedings so that during pendency of proceedings spouse can maintain herself/himself and also have sufficient funds to carry on litigation so that spouse does not unduly suffer in the conduct of case for..........
Hindu Marriage Act, 1955, Section 24 -- Maintenance pendente lite - Husband having flourishing business - He has 21 vehicles - Husband paying monthly EMIs for said vehicles taken on finance - Cogent proof of exact amount paid towards EMIs not disclosed by husband - Presumptive income of Rs.10,000 per vehicle is justified keeping in view the monthly withdrawals which..........
Civil Procedure Code, 1908, Section 24, Hindu Marriage Act, 1955, Section 13 -- Transfer of case - Husband filed divorce petition at place `M' whereas wife residing at place `B' - Distance between two places 400 kilometres - Four cases between parties pending at place `B' - Comparative hardship is more to the wife - Divorce petition filed by husband at place `M'..........
Hindu Marriage Act, 1955, Section 24 -- Interim maintenance - Both the parties are earning and they are comfortably placed having handsome financial resources at their command - Prayer of wife for grant of interim maintenance rightly declined...........
Hindu Marriage Act, 1955, Section 24 -- Interim maintenance - Minor child - No separate application is required to be filed for claiming interim maintenance for minor child, as application filed u/s 24 of the Act is sufficient for the minor child as well...........
Hindu Marriage Act, 1955, Section 24 -- Interim maintenance - Minor child - Both the parents of minor child are class-I gazetted Officers - Courts below rightly determined the maintenance allowance to minor child @ Rs.15,000 p.m to be shared equally by both parents...........