Protection of Women From Domestic Violence Act, 2005, Section 23, Criminal Procedure Code, 1973, Section 482 -- Interim maintenance - Husband claimed that he has no capacity to pay amount of maintenance assessed by appellate Court - However, wife strongly submitted that her husband has ability to pay amount of maintenance - It is a question of fact to be decided on..........
Protection of Women From Domestic Violence Act, 2005, Section 23 -- Interim maintenance - Qualification of wife and capacity to earn cannot be a ground to deny interim maintenance to wife who is dependant and does not have any source of income - Impugned order set aside - Matter remitted for decision afresh...........
Hindu Marriage Act, 1955, Section 24 -- Maintenance pendente lite - Grant of maintenance either under Hindu Marriage Act or Hindu Adoption and Maintenance Act or S.125 Criminal Procedure Code or S.20 of Protection of Women from Domestic Violence Act - An order passed in either of the proceedings does not debar re-adjudication of the issue of maintenance in any other Court...........
Protection of Women From Domestic Violence Act, 2005, Section 23, 12 -- Interim maintenance - Order of interim maintenance can be passed without seeking domestic incidents report referred to in proviso to S.12 of the Act as said provision relates to a final order - S.23 of the Act is not subject to S.12 of the Act...........
Protection of Women From Domestic Violence Act, 2005, Section 12, 23 -- Monetary relief by way of maintenance - Personal appearance of parties - Act does not bar Court from seeking personal appearance of parties...........
Hindu Marriage Act, 1955, Section 9 -- Restitution of conjugal rights - Application by husband - Wife clearly stated that she does not wish to live with husband under any circumstances - Evidence on record proves that wife has withdrawn from society of husband without any just or reasonable excuse - Once it stands established that allegations of wife qua domestic violence..........
Protection of Women from Domestic Violence Act, 2005 -- Criminal Procedure Code, 1973, S.125 - Domestic violence - Mere passing of an order u/s 125 Cr.P.C does not preclude respondent from seeking appropriate reliefs under Domestic Violence Act...........
Protection of Women From Domestic Violence Act, 2005, Section 19 -- Residence order - Comfortable accommodation - Meaning - Comfortable accommodation means that there is no interference in peaceful life of person, who has been subjected to domestic violence...........
Protection of Women From Domestic Violence Act, 2005, Section 23 -- Interim maintenance - Mere fact that wife is earning does not absolve husband of his responsibility to maintain his three minor daughters...........
Protection of Women From Domestic Violence Act, 2005, Section 23 -- Interim maintenance - Wife admittedly taking care of not only her two biological daughters but also younger daughter of husband from his previous marriage - Husband concealed his income and expenditure for purposes of avoiding to pay any maintenance to daughters - Prima facie evidence on record shows that..........
