Criminal Procedure Code, 1973, Section 125 -- Ad interim maintenance - Once the application for interim maintenance was pending and affidavits (of disclosure of assets and liabilities) of rival parties were already on record, family Court ought to have decided the same in a expeditious manner - No compelling or accentuating circumstances are either decipherable from..........
Criminal Procedure Code, 1973, Section 125, Hindu Adoptions and Maintenance Act, 1956, Section 20 -- Maintenance to major unmarried daughter - Where Family Court has jurisdiction to decide a case u/s 125 Cr.P.C. as well as suit u/s 20 of 1956 Act, in such eventuality, Family Court can exercise jurisdiction under both the Acts and in an appropriate case can grant..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife - Quantum of maintenance - Filing of affidavits of assets and liabilities of rival parties is pertinent and essential - Family Court granted maintenance to wife without seeking affidavits of assets and liabilities of rival parties - Impugned order set aside...........
Civil Procedure Code, 1908, Section 24 -- Transfer of divorce petition - At the instance of wife - Wife is residing at Rajsamand - Husband filed divorce petition at Udaipur - Wife living with aged parents as such it is very difficult for her to travel to Udaipur from her residential place at Rajsamand - In matrimonial proceedings, convenience of wife has to be considered..........
Civil Procedure Code, 1908, Section 24 -- Transfer of application u/s 12 of PWDV Act from Magistrate Court to Family Court - Powers of High Court - High Court in exercise of power u/s 24 CPC can transfer an application filed u/s 12 of PWDV Act before Magistrate Court to Family Court - However, Court has to be judicious and careful in exercising power of transfer for the..........
Civil Procedure Code, 1908, Section 24 -- Transfer of application u/s 12 of PWDV Act from Magistrate Court to Family Court - At the instance of husband - If conflict of judgment on same facts and between same parties is the sole ground of transfer, every transfer petition filed by husband will have to be allowed by Court making choice of wife to Magistrate meaningless -..........
Family Courts Act, 1984, Section 10(3) -- Jurisdiction of Family Court - Ex parte order - Setting aside - Divorce proceedings - Family Court had exercised discretion provided u/s 10(3) of the Act in setting aside ex parte order thereby permitting husband to participate in and contest the divorce petition - Exercise of discretion was in the interest of justice and to arrive..........
Criminal Procedure Code, 1973, Section 125, 483 -- Application u/s 125 Cr.P.C - Expeditious disposal of application - Family Court exercises jurisdiction of judicial Magistrate while deciding an application u/s 125 Cr.P.C - Application u/s 483 Cr.P.C. seeking a direction to Family Court for expeditious disposal of an application u/s 125 Cr.P.C. would be maintainable...........
Criminal Procedure Code, 1973, Section 125, 483 -- Application u/s 125 Cr.P.C - Interim maintenance - Pendency of application since 18.04.2023 - Direction be issued to Family Court for expeditious disposal of application for interim maintenance...........
Civil Procedure Code, 1908, Section 24 -- Transfer of divorce petition - At the instance of wife - Divorce petition filed by husband at Family Court Muvattupuzha was validly instituted - However, balance of convenience is in favour of wife, as wife is abroad and her parents are taking care of minor daughter - Divorce petition filed by husband transferred from Family Court..........
