Hindu Marriage Act, 1955, Section 24 -- Interim maintenance - Non payment - In case proceedings are initiated by husband then Court can grant stay of further proceedings till the maintenance is paid - However, in case proceedings are initiated by wife then Court can strike off the defence of husband...........
Maintenance and welfare of Parent and Senior Citizens Act, 2007, Section 23 -- Cancellation of gift deed - For applicability of S.23 of the Act applicant should be senior citizen on the date of filing application and not that he should be a senior citizen on the day on which gift or release deed is executed...........
Maintenance and welfare of Parent and Senior Citizens Act, 2007, Section 23 -- Cancellation of gift deed - Mother executed the gift deed in favour of her son with a hope that son will take care of her interest and will provide basic amenities and physical needs to his mother - Stand of son cannot be accepted that there is no obligation on the part of son to take care of..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife - Husband contended that he met with an accident and because of that he is completely bed ridden - However, disability certificate relied upon by husband is a temporary certificate and same is not proved on record - Moreover, in the absence of medical report that husband is confined to bed, he cannot escape..........
Hindu Adoptions and Maintenance Act, 1956, Section 19 -- Maintenance to widowed daughter-in-law - Father-in-law is in possession of property belonging to deceased husband - Deceased husband was the owner of properties in question and his name was also mutated in revenue records - Since, she has been deprived of her property, therefore she is entitled to maintenance @..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife - If husband is healthy, able bodied and is in a position to support himself, he is under legal obligation to support his wife, as wife's right to receive maintenance u/s 125 Cr.P.C, unless disqualified, is an absolute right...........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife - Husband deserted wife proved on record and because of mental and physical torture meted out to her, she was not ready to go and stay with husband - Husband admitted his monthly income as Rs.25,000 - Maintenance @ Rs.10,000 rightly granted to wife...........
Protection of Women From Domestic Violence Act, 2005, Section 20(1)(d), Hindu Adoptions and Maintenance Act, 1956, Section 20(3) -- Maintenance to male child who attained majority - Male child who has attained majority is not entitled to claim maintenance from his father...........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to divorced wife - Decree of divorce granted on the ground of adultery - Maintenance was granted after parties ceased to husband and wife - Findings recorded during divorce proceedings would not affect the maintenance claim of divorced wife - Plea of husband that a divorced wife is not entitled to maintenance if she..........
Bharatiya Sakshya Adhiniyam, 2023, Section 109 -- Burden of proof - Maintenance proceedings - Income - Respondent is bound to disprove his alleged income - If he fails or refuses to furnish germane evidence/details regarding it, which is within his special knowledge then a valid presumption may lie against him...........
