Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife - Proceedings of determination of maintenance are summary proceedings - Detailed inquiry cannot be undertaken, as Family Court cannot calculate arithmetically exact figure of maintenance or interim maintenance...........
Criminal Procedure Code, 1973, Section 125, 91 -- Maintenance to wife - Production of income tax return and bank statement of Firm of wife - Wife has not only filed an affidavit but also copies of income tax returns from which it can be easily ascertained that what is the income of wife and whether she is in a position to maintain herself or not - Moreover, application of..........
Maintenance and welfare of Parent and Senior Citizens Act, 2007, Section 23 -- Property of senior citizen - Eviction of son and daughter-in-law - Suit property was purchased by father in the name of mother through registered sale deed - Son claimed that he has contributed some amount for purchase of said property and same was purchased from funds of Hindu Undivided..........
Hindu Marriage Act, 1955, Section 24 -- Maintenance pendente lite - Duration of marriage as well as conduct of parties, which is apparent on the face of record needs to be kept in perspective while deciding application for interim maintenance...........
Hindu Marriage Act, 1955, Section 24 -- Maintenance pendente lite - Merely because wife is earning, it does not automatically operate as an absolute bar for awarding maintenance - Parameter remains whether her source of income is sufficient to enable her to maintain herself along with minor child...........
Hindu Marriage Act, 1955, Section 24 -- Maintenance pendente lite - Expression "sufficient for her or his support" has to be interpreted to mean that applicant is able to maintain with reasonable comfort and standard of living which applicant was accustomed in the matrimonial home...........
Hindu Marriage Act, 1955, Section 24 -- Maintenance pendente lite - Contesting party when proceeded ex parte or does not choose to contest the proceedings - Decision of application for interim maintenance should not be deferred to a later stage of conclusion of proceedings...........
Hindu Marriage Act, 1955, Section 24 -- Maintenance pendente lite - An endeavour should be made by Courts for disposal of interim maintenance application within 60 days of service of notice...........
Hindu Marriage Act, 1955, Section 24 -- Maintenance pendente lite - After initial appearance husband chose to remain absent - An adverse inference has to be drawn against him since he deliberately chose not to contest the proceedings...........
Hindu Marriage Act, 1955, Section 24 -- Maintenance pendente lite - Maintenance of child is joint responsibility but realistic view of expenses and status of parties need to be kept into consideration...........