Hindu Marriage Act, 1955, Section 25 -- Permanent alimony - Denied to wife only on the ground that once divorce petition filed by husband have been dismissed, proceedings u/s 25 of the Act are non-maintainable - However, decree for restitution of conjugal rights has been passed in favour of wife as such she is entitled to maintain proceedings u/s 25 of the Act...........
Civil Procedure Code, 1908, Section 25 -- Transfer of petition u/s 9 of Hindu Marriage Act - Taking into account the distance of Court where case sought to be transferred is pending and place where wife is presently residing, petition u/s 9 of Hindu Marriage Act transferred - Application allowed...........
Criminal Procedure Code, 1973, Section 125, Hindu Marriage Act, 1955, Section 25 -- Maintenance u/s 125 Cr.P.C - Application u/s 125 Cr.P.C cannot be filed after order has been passed u/s 25 of Hindu Marriage Act - In view of S.25(2) of Hindu Marriage Act, wife can file appropriate application before concerned Court...........
Hindu Marriage Act, 1955, Section 25 -- Permanent alimony - Enhancement of - Husband has sold properties worth Rs.24 lakhs and he is also owing 1 acre 30 guntas self acquired property and he is having 1/5th share in 12 acres of agricultural lands - Wife has raised two children and husband hardly contributed to the same - Taking into consideration that daughters are not..........
Hindu Marriage Act, 1955, Section 25 -- Permanent alimony - Wife contracted second marriage - She is thus, no longer dependent on the alimony of her husband from first marriage - Subsequent development i.e second marriage contracted by wife is certainly an important factor that is to be taken into consideration while quantifying alimony payable - Wife is earning Rs.32,000..........
Hindu Marriage Act, 1955, Section 25 -- Permanent alimony - Conduct of parties is a relevant factor while deciding an application for permanent alimony and maintenance u/s 25 of the Act...........
Hindu Marriage Act, 1955, Section 25 -- Permanent alimony - Wife failed to prove allegation of demand of dowry and torture by husband on her - Divorce granted on basis of matrimonial faults on the part of wife - Family Court rightly granted permanent alimony and maintenance amount of Rs.1,50,000 to wife is proper...........
Hindu Marriage Act, 1955, Section 25 -- Permanent alimony - Husband is an employee in Life Insurance Corporation and is getting salary of more than Rs.1 lakhs p.m - He is directed to give Rs.30,00,000/- to wife as permanent alimony...........
Hindu Marriage Act, 1955, Section 25 -- Permanent alimony - Husband offered to pay a sum of Rs.50 lacs towards permanent alimony to wife and her daughter - Subsequently he offered to transfer one flat in the name of minor daughter - However, wife not accepted said offer of husband - Wife's desire to live with her husband is not genuine at this stage particularly when she..........
Hindu Marriage Act, 1955, Section 25 -- Permanent alimony - Grant of maintenance u/s 25 of the Act when marriage between parties has been declared null and void by trial Court, cannot be maintained in the eye of law - Order granting maintenance set aside...........
