Transfer of Property Act, 1882, Section 39 -- Maintenance - Charge over husband's property - During dormant stage of wife's right, a purchaser cannot be presumed to have knowledge of such a right for the purpose of invoking S.39 of the Act or S.28 of Hindu Adoptions and Maintenance Act - However, it is open for wife to establish actual knowledge on the part of purchaser..........
Criminal Procedure Code, 1973, Section 125 -- (Bharatiya Sakshya Adhiniyam, 2023, S.144) - Maintenance to parents-in-law - Daughter-in-law is not liable to pay maintenance to parents-in-law, as she is not included within ambit of S.125 Cr.P.C. (S.144 BNSS) - Maintenance under provision can be claimed only by persons falling within categories specifically enumerated therein..........
Criminal Procedure Code, 1973, Section 125 -- (Bharatiya Sakshya Adhiniyam, 2023, S.144) - Maintenance proceedings - Submission regarding wife succeeded to property of her deceased husband does not fall for consideration in proceedings u/s 125 Cr.P.C. (S.144 BNSS), as such issues are beyond the scope of summary maintenance proceedings...........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty - Petition by wife - Conduct of husband i.e repeated non-appearance before Courts, persistent non-payment of maintenance amount, deliberate violation of judicial directions and total abandonment of legal proceedings, has subjected wife to prolonged mental agony, financial distress, and social humiliation -..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife - It is sacrosanct duty of husband to render financial support to wife even if he is required to earn money with physical labour, if he is able bodied...........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife - Husband is a practicing doctor - Income of husband is gradually increased as per Income Tax return of the year 2021-22 - Wife on the other hand got no income - Divorce between parties granted and husband is directed to pay Rs.20 lacs as permanent alimony to wife - Considering S.125 Cr.P.C, trauma of wife..........
Maintenance and welfare of Parent and Senior Citizens Act, 2007, Section 16 -- Appeal - There is no remedy of appeal for children in a petition filed by senior citizen before maintenance Tribunal - Only remedy available to them is to file a writ petition u/arts 226, 227 of Constitution provided there are valid grounds to sustain such a challenge...........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife - While the length of marriage by itself is not determinative of entitlement u/s 125 Cr.P.C. it is nonetheless a relevant factor in assessing nature of dependency, adjustment of lifestyle and extent to which parties had in fact shared a common standard of living...........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife - Merely because husband earns more it cannot be said that wife must necessarily receive half or a substantial fraction thereof - Such an approach would amount to converting maintenance proceedings into a de facto claim for sharing of income or property which is impermissible...........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife - Mere capacity to earn does not disentitle a wife from maintenance - Court is entitled to take into account earning potential, qualifications and past employment while determining the quantum...........
