Family Courts Act, 1984, Section 7(1) -- Explanation (d) - Jurisdiction of Family Court - Maintainability of petition on the ground of jurisdiction - While considering question of jurisdiction, Court need to look into the pleadings alone...........
Family Courts Act, 1984, Section 7(1) -- Explanation (d) - Jurisdiction of Family Court - Dispute between parties arose in circumstances arising out of marital relationship coming within the purview of S.7(1) Explanation (d) of the Act...........
Will -- Probate - Trust property - Appellant was appointed as Chairman/Caretaker Trustee as mentioned in Will - It was clearly mentioned in the Will that appellant being the Caretaker Trustee would enforce the Will by appointing the trustee from the family of testator - Appellant being Caretaker Trustee as well as Chairman of trust, has right to seek probate of Will for..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife - Wife is living separately from husband due to harassment and cruelty by husband and his family members and husband marrying another woman - It cannot be concluded that wife is living separately from husband without any reason - Wife is thus, entitled to maintenance - Trial Court directed to order afresh on..........
Civil Procedure Code, 1908, Order 41, Rule 27 -- Additional evidence at appellate Court - Suit for specific performance - Suit filed in the year 2006 and judgment passed in 2010 - Judgment sought to be marked is in respect of a partition suit filed in the year 2014 in between defendants and his family members who are claiming rights over property - Application dismissed as..........
Criminal Procedure Code, 1973, Section 125 -- Interim maintenance - Husband stated that he is receiving Rs.19,191 as salary - Nothing was shown by him that he was only person to maintain his family - Truthfulness of averments may find disposal when application filed u/s 125 Cr.P.C is decided - Maintenance @ Rs.6000 pm rightly granted to wife...........
Joint family property -- Court may presume u/s 114 Evidence Act the existence of fact that property purchased by husband in the name of wife who is homemaker and does not have independent source of income, is property of family...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Joint family property - Restraining transfer of property during pendency of suit - Prima facie property is Joint Hindu Family property - Protection of property from transferring to a third party is necessary - Even if plaintiff's suit is decreed, he will suffer irreparable loss and injury in case..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife - Husband is 92 years of age and is living with his daughter and son-in-law - Wife is 75 years old and is living with her son - No material on record that wife is living separately without any sufficient reason - She is not capable to maintain herself through her independent income - Husband apart from..........
Hindu Marriage Act, 1955, Section 25 -- Permanent alimony - Enhancement of - Family Court awarded Rs.5 lakhs as permanent alimony which is not sufficient for whole life particularly when daughter is also living with wife - Period of almost 4 years is going to lapse since passing of decree by itself is a sufficient change in circumstance - Husband is thus, directed to bear..........
