Protection of Women from Domestic Violence Act, 2005, Section 12 -- Maintenance - Prima facie no evidence that husband was employed in India - Passport of husband was seized and he was not permitted to leave country (bail was given with a condition that he shall keep visiting Investigating Officer as and when called) - Held, fixing of maintenance by Court is contrary to..........
Protection of Women from Domestic Violence Act, 2005, Section 12 -- Maintenance - Both husband and wife unemployed - Husband cannot be asked to beg and borrow from the parents and maintain wife - Parents cannot be burdened to maintain husband and wife as both are grown up and must take care of themselves...........
Haryana Good Conduct Prisoners (Temporary Release) Act, 1988, Section 3(1)(d), 6 -- Parole - Refusal - Parole can be refused only on the ground that the same is likely to endanger the security of the State or the maintenance of the public order - Refusal, in the instant case, not based on any material whatsoever - Refusal not based on any material, held, not in accordance..........
Criminal Procedure Code, 1973, Section 125 -- Grant of maintenance - Legality of - Petitioner is carrying business of Kendu leaves and straw - Petitioner possesses a pond for fishing - Petitioner used to purchase straw from various persons and thereafter sells the same in market - Applicant-opposite party No.2 is a student of Class-IX and has no source of income of her own..........
Protection of Woman From Domestic Violence Act, 2005, Section 3, 18, 19, 20 -- Petitioner filed application against husband under Act of 2005 seeking relief of protection, residence and maintenance - Held, Court has to analyze evidence adduced by parties on each of the relief sought and then give decision thereon - Nature of proceedings under Act of 2005 are akin to one..........
Punjab Good Conduct Prisoners (Temporary Release) Act, 1962, Section 3(1)(d) -- Release on parole - Accused convicted and sentenced for committing rape of unsound girl - Accused sought release on parole - During enquiry parents of the girl as well as villagers objected for his release and expressed apprehension of breach of public peace in case accused released on parole -..........
Hindu Marriage Act, 1955, Section 9, Civil Procedure Code, 1908, Order 21, Rule 32, 33 -- Failure to comply with decree of restitution of conjugal rights - Court has discretion U.O.21.R.33 CPC to direct J.D. to make periodical payment to D.H., as may be just and proper, in addition to the amount of maintenance, for satisfaction of the decree...........
Muslim Women (Protection of Rights on Divorce) Act, 1986, Section 3(1)(b), Criminal Procedure Code, 1973, Section 125 -- Child - Claim of maintenance from father after two years of divorce of mother - Benefit u/s 125 Cr.P.C. cannot be denied to a minor daughter because of any restrictive provision contained in Muslim Women (Protection of Rights on Divorce) Act, 1986...........
Criminal Procedure Code, 1973, Section 482 -- Inherent powers - Quashing of proceedings - Marriage between parties dissolved - Permanent alimony already granted to wife i.e. Rs.2 lacs by this court - Held, there is no ground to direct petitioner to pay maintenance u/s 125 Cr.P.C. separately inasmuch as entire issue has now been settled and alimony too has been granted to..........
Orissa (State) Commission for women Act, 1993, Section 3, 10, Special Marriage Act, 1954, Section 13, 25 -- DNA Test - Petition under Marriage Act for nullity of marriage filed by husband on ground that marriage has not been consummated - Wife filed complaint before Orissa State Women Commission, alleging maltreatment by husband and claimed maintenance being pregnant -..........
