Civil Procedure Code, 1908, Section 24 -- Transfer of matrimonial case - While considering transfer of a matrimonial case at the instance of wife, Court is to consider family condition of wife, custody of minor child, economic condition of wife, her physical health and earning capacity of husband and most important convenience of wife i.e she cannot travel alone without..........
Civil Procedure Code, 1908, Section 24, Hindu Marriage Act, 1955, Section 13A -- Transfer of petition u/s 13-A of the Act - Wife sought transfer of matrimonial proceedings at the place of her residence - Distance between place of residence and place of proceedings is about 110 kms - Wife is living at mercy of her aged parents and there is none who can accompany her to such..........
Civil Procedure Code, 1908, Section 24, Guardians and Wards Act, 1890, Section 7, 25 -- Transfer of petition u/ss 7, 25 of Guardians and Wards Act - Applicant/mother of child is a poor lady who is financially constrained from travelling on every date of hearing of suit - She is residing in Agra/UP which is at a distance approximately 100 kms from Bayana - Applicant is a..........
Criminal Procedure Code, 1973, Section 156 -- Transfer of investigation to CBI - Transfer of investigation should not be a matter of course and such an order should only be passed with great circumspection - Impugned order of High Court transferring investigation to CBI not interfered in view of peculiar circumstances of the case - CBI to assign a reasonable priority to..........
Maintenance and welfare of Parent and Senior Citizens Act, 2007, Section 23 -- Transfer of property - Cancellation - SDO dismissed the application after conducting summary enquiry - Findings of SDO is purely factual in nature - Court in its revisional jurisdiction u/art 227 of Constitution ought not to interfere with said findings of fact unless gross illegality or..........
Maintenance and welfare of Parent and Senior Citizens Act, 2007, Section 23 -- Transfer of property by father in favour of his son - Son used to stay in a separate house of his own even after execution of deed of transfer regarding suit property - Senior citizens are retired government servants and they enjoying pensionary benefits and also getting good co-operation from..........
Criminal Procedure Code, 1973, Section 125, 128, Family Courts Act, 1984, Section 18 -- Maintenance order - Enforcement - Petition to execute an order granting maintenance allowance can be filed before Court which passed it and order can be enforced by any Family Court within whose jurisdiction respondent is or whereto, he had shifted `his stay' on account of his change of..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance - Maintainability of petition on ground of jurisdiction - Wife filed petition for maintenance at place `B' and in support thereof filed her voter card which prima facie shows that she is residing at place `B' and it is convenient for her to pursue the case at such place - Intention of husband as it appears from his..........
Civil Procedure Code, 1908, Section 24 -- Transfer of divorce petition - Interim maintenance to minor child - Wife sought transfer of case as she is unemployed, staying with her parents and taking care of 11 months old child - Husband not paying interim maintenance even to minor child - Husband thus, directed to pay interim maintenance of Rs.5000 to minor child - In the..........
Maintenance and welfare of Parent and Senior Citizens Act, 2007, Section 23 -- Transfer of property - Cancellation - S.23 of the Act cannot confer jurisdiction on a Magistrate or Sub-Divisional Officer to exercise power of a regular civil Court as envisaged in CPC particularly when precondition of S.23 of the Act are not met...........
