Hindu Adoptions and Maintenance Act, 1956, Section 20, Hindu Marriage Act, 1955, Section 24, 26 -- Proceedings u/s 20 of Hindu Adoptions and Maintenance Act are independent and have no correlation with the proceedings u/ss 24 & 26 of Hindu Marriage Act...........
Criminal Procedure Code, 1973, Section 125, Hindu Marriage Act, 1955, Section 26, Hindu Adoptions and Maintenance Act, 1956, Section 18 -- Minor children - Maintenance - In a petition for divorce wife made a statement to maintain two minor children - Statement of mother of children is of no value as children are not party in the divorce petition - Father of minor children..........
Hindu Marriage Act, 1955, Section 24, 26, 28 -- Maintenance - Enhancement - Maintenance allowed Rs.3500/- seven years ago - Expenses of wife increased to maintain two children - Price level rising - Income of husband increased from Rs.16000/- to Rs.23, 000/- - Wife granted maintenance of Rs.10, 000/- per year - For past arrears wife allowed Rs.7, 000/- p.m. for first 3..........
Hindu Marriage Act, 1955, Section 25, 26 -- Daughters - Custody - Petition by wife - Both daughters major and lived with mother - Daughters indicating that they intend to live with mother - Daughter brought up by mother after mother started living separately from their father - Daughter meeting father from time to time and attended him when he was not well - Court allowed..........
Hindu Marriage Act, 1955, Section 26 -- Children - Custody - The role of mother is of greater importance than that of a father during the earlier years of a child - It is for the mother to groom children - During pendency of appeal husband remarried who is presently pregnant - Wife more educated than husband - Husband a businessman who cannot afford to look after the..........
Hindu Marriage Act, 1955, Section 24, 26 -- Interim maintenance - Children - If children are under the protection of wife, Court can take into consideration in awarding maintenance to wife - Court can grant maintenance to children also u/s 26 of the Act...........
Hindu Marriage Act, 1955, Section 26, 13B -- Divorce by mutual consent - Custody of children - As per consent decree both husband and wife appointed as joint guardians of child - Child to be in each petitioners custody on every alternate week - Rival petitions for permanent custody - Mother seeking custody of child to take child to foreign country for more than a week -..........
Civil Procedure Code, 1908, Section 20, Hindu Adoptions and Maintenance Act, 1956, Section 3, 18, 26 -- Maintenance - Claim of residence as part of maintenance by wife - Marriage performed at Delhi and property in question situated at Gurgaon where parties reside - Held, part of cause of action arose at Delhi - Delhi Court has jurisdiction...........
Hindu Marriage Act, 1955, Section 26, Hindu Minority and Guardianship Act, 1956, Section 6, 13 -- Child - Interim custody - Cannot be decided on the basis of affidavits - Evidence has to be led in and on the basis of the evidence, Court has to come to the conclusion as to who is the best person to take care of the interest of the minor child...........
Hindu Marriage Act, 1955, Section 26, Hindu Minority and Guardianship Act, 1956, Section 6, 13 -- Child - Interim custody - Proceedings for judicial separation - Interim order directing husband to hand over custody of minor son to wife - Welfare of child is of paramount consideration - Court has to decide the matter on the basis of evidence as to who is the best person to..........
