Maintenance and welfare of Parent and Senior Citizens Act, 2007, Section 16 -- Appeal - Right of appeal under the Act is limited to senior citizen or parents or guardians only, as they can be treated as aggrieved persons - Appeal filed by son, daughter, daughter-in-law, grandson, grand daughter against whom order is passed by Tribunal is not maintainable...........
Protection of Women From Domestic Violence Act, 2005, Section 23, 29, Criminal Procedure Code, 1973, Section 125, 399, 401 -- Order granting interim maintenance u/s 23 of PWDV Act and S.125 Cr.P.C. - Appeal u/s 29 of PWDV Act and revision u/ss 399, 401 Cr.P.C respectively is maintainable against said order and will be heard without any pre-condition of deposit of arrears..........
Maintenance and Welfare of Parents and Senior Citizens Act, 2007, Section 16 -- Appeal - Maintenance order - Appeal can only be maintainable if senior citizen or parent who is claimant before Tribunal is aggrieved by order of Tribunal and not at instance of respondent in application before Tribunal - However, if respondent is aggrieved by orders passed by Tribunal in..........
Maintenance and Welfare of Parents and Senior Citizens Act, 2007, Section 16, 22(2) -- Eviction order - Writ petition thereagainst - Held, writ petition is maintainable as order of eviction is passed by District Magistrate, acting in pursuance of his powers conferred under Action Plan as no appeal u/s 16 is available which could have been filed against order of District..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife - Cannot be refused merely because wife not obeying the decree of restitution of conjugal rights passed against her, particularly when appeal against said decree is pending...........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty - Petition by wife - Love marriage-cum-arranged marriage between parties - Wife was physically tortured to the extent that she was compelled to file a criminal case against husband and his family members - Husband has shown no interest in contesting appeal, as he opted not to appear and contest appeal so as..........
Hindu Marriage Act, 1955, Section 24 -- Maintenance pendente lite during pendency of appeal filed against judgment declaring marriage as null and void - Wife is entitled to maintenance during pendency of appeal as impugned judgment declaring marriage of parties as null and void has not attained finality...........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife - During pendency of petition husband obtained divorce which is not finalised as appeal is pending - Court can at best take the same into consideration as a subsequent event pending lis and even taken it into consideration that permanent alimony is not awarded there is no bar to claim maintenance even after..........
Maintenance and Welfare of Parents and Senior Citizens Act, 2007, Section 16(1) -- Appeal at the instance of daughter-i, law - Held, appeal is maintainable...........
Protection of Women From Domestic Violence Act, 2005, Section 29 -- Grant of maintenance - Appeal against - Condition imposed that appeal would be heard only after 50% of maintenance amount was paid to wife - Order is without any legal basis - With regard to payment of maintenance amount execution proceedings already pending - Husband legally entitled to file an appeal u/s..........
