Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife and child - Maintenance amount must be determined in a balanced manner and it should be one that ensures adequate support for wife and child, while also taking into account husband's financial obligations of his liability towards Home Loan, his expenses and responsibility towards parents...........
Protection of Women From Domestic Violence Act, 2005, Section 12 -- Domestic violence - Transfer of petition filed by wife u/s 12 of PWDV Act - Wife admittedly is residing in matrimonial house at Hoshiarpur - However, wife filed the petition at her parental place Jalandhar - Husband/applicant is facing trial in criminal case, registered at the instance of wife in Court of..........
Protection of Women From Domestic Violence Act, 2005, Section 12 -- Domestic Violence - Application u/s 12 of DV Act is not a complaint defined u/s 2(d) of Cr.P.C - Therefore, procedure for taking cognizance u/s 190(1)(a) Cr.P.C. and procedure set out in Chapter XV of Cr.P.C does not apply to application u/s 12 DV Act...........
Live-in-relationship -- Girl who is major is free to live with married man with whom she had eloped - There is no law that prevents her from living along with said person - Since she declined to stay with her parents, police is requested to release girl/corpus after taking an undertaking from her that she is going to live with person of her choice and also take an..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Suit for declaration and permanent injunction on basis of Will - For purposes of grant of interim injunction, it is sufficient that plaintiffs have a Will in their favour which prima facie establishes a case in their favour - Factum of veracity, authenticity and legality of Will is a matter of trial..........
Criminal Procedure Code, 1973, Section 2(d), Protection of Women From Domestic Violence Rules, 2006, Rule 2(b) -- Complaint - Police report submitted after investigation under PWDV Act cannot be treated as a `complaint' for the purpose of taking cognizance under PWDV Act...........
Motor Vehicles Act, 1988, Section 166 -- Accident - Total compensation - Taking into account the age of deceased 31 years at the time of accident, multiplier of 16, 40% future prospects, conventional heads namely loss of estate, loss of consortium and funeral expenses should be Rs.15,000, Rs.40,000 and Rs.15,000 respectively, loss of dependency and other heads under which..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Suit for specific performance and permanent injunction - Amendment sought to incorporate the fact that registered sale deed executed by defendant no.1 in favour of defendant no.2 is not binding on plaintiff and is null and void - Plaintiff not sought amendment within reasonable time despite defendants..........
Bharatiya Nagarik Suraksha Sanhita, 2023, Section 203, 223 -- Cognizance of offence - Magistrate while taking cognizance of an offence should have with him statement on oath of complainant and if any witnesses are present, their statements - Taking cognizance u/s 223 BNSS would come after recording of sworn statements, at that juncture a notice is required to be sent to..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to mother - Defence of son that there are other children to maintain mother and therefore he need not pay maintenance is not tenable in a petition filed u/s 125 Cr.P.C by mother against her son - Even if other children are not maintaining or even if they are taking any negative attitude, it is duty of son to look..........
